Defendant shall be punished by imprisonment for a term of one year and six months.

Criminal facts

1. In March 2017, the Defendant stated that “The Defendant would repay the amount not later than April 2, 201, if the Defendant lent money to the victim D rapidly as the company day,” at the C (ju) factory in the Hahnbuk-gu Sound Group B, 2017, which was operated by the Defendant.”

However, in fact, the defendant was difficult to operate the company to the extent that he could not be paid to the employees, and even if he borrowed money from the victim, he did not have the intent and ability to pay it.

On March 27, 2017, the Defendant acquired money from the victim to the IBK Enterprise Bank E account in the name of C (State) around March 27, 201.

2. On April 7, 2017, the Defendant made phone calls to the victim D at an unspecified place, and “A problem arises with the office in which he/she has not paid the bonds that he/she had obtained as security. If he/she borrowed KRW 150 million, he/she would repay the bonds and obtain a house loan as security and pay all the money that he/she has borrowed as well as the money that he/she borrowed as security.”

However, as in Paragraph 1, the Defendant was liable for the debt of approximately KRW 3.5 billion, and the Defendant’s house had already been established with the maximum debt amount of KRW 90 million, and there was no intention or ability to repay the debt to the victim with the house loaned as security.

On April 7, 2017, the Defendant acquired money from the victim by transfer of KRW 100 million to the G account in the name of the Defendant, and KRW 50 million to the said account around April 10, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The part concerning the statement about D among the suspect interrogation protocol of the police against the defendant (2 times)

1. A criminal investigation report (Submission of a suspect's statement of account transactions) and a statement of account transactions;

1. The defendant of the certificate of loan, certificate of transfer, and certificate of copy of register asserts that he borrowed the loan amount of KRW 150 million under Paragraph 2, including the amount of KRW 40 million under Paragraph 1 of the facts constituting the crime, for the purpose of the factory operation fund, but on the pretext and circumstances of the loan.