A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who actually operated C in the name of B.

1. On September 1, 2016, the Defendant requires a level of KRW 40 million in order to secure the quantity requested to supply a computer server to the victim E, an employee, when requested to supply a computer server from the F. The unit price of the computer server was approximately KRW 1.5 million.

If the computer server is supplied to private business partners with a level of KRW 40 million, it can obtain a profit of KRW 300-40 million in a short term.

If only 20 million won is lent, it shall be repaid immediately with the payment.

The phrase “ makes a false statement.”

However, in fact, the defendant was accused of fraud about the outstanding amount of KRW 23 million from the customer and was thought to use it as a criminal agreement upon receiving money from the victim, and did not have the intent or ability to pay the borrowed amount as agreed upon.

On September 7, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 15 million to the Agricultural Cooperative Account in the name of B (C) as a loan to purchase a server on September 7, 2016.

2. In the above C office around December 2017, the Defendant requires the victim to purchase the server as “the server was purchased and supplied to F, and settlement was made with a bill and the cash circulation was not made, and the amount to purchase the server is needed.

If a loan is made in addition to KRW 5 million, it shall be paid up to the amount that has been lent within three months.

The phrase “ makes a false statement.”

However, the defendant was urged by the customer to pay the price for the goods due to cumulativeness, and the defendant did not have any intention or ability to pay the price for the goods to the victim because of the lack of revenue and property.

As such, the Defendant, by deceiving the victim, was transferred to the said Agricultural Cooperative Account as a loan money to purchase a server on December 7, 2017 from the victim, which was transferred to the said Agricultural Cooperative Account on the pretext of borrowing KRW 5 million from the victim.

Summary of Evidence

1. The defendant's person;