A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

1. On November 301, 2012, the Defendant stated that “If the Defendant borrowed KRW 100 million as it is necessary to acquire the shares of 20% of the funeral home partner F, the Defendant would pay the interest of 2% per month until the time of repayment by September 30, 2015, to the victim E, who was aware of the 20% of the shares of the capital of the funeral home partner, from the DNA funeral hall operated by the Defendant, at the early police station located in Sejong-si

However, in fact, the defendant was thought to use the borrowed money for personal debt repayment or stock investment, and the defendant did not have any revenue or property other than the right to collateral security for the lease deposit of the above D funeral hall and the right to collateral security for the above funeral hall site. On the other hand, while the debt of the borrowed money of KRW 200 million against G was borrowed from the victim, there was no intention or ability to pay the principal and interest according to the agreement even if it was borrowed from the victim.

Nevertheless, on November 9, 2012, the Defendant received from the victim the transfer of KRW 98 million from the victim to the NongHyup Bank account in the name of the Defendant and acquired the money.

2. On May 3, 2013, the Defendant stated that “on the loan of KRW 150 million to the victim E, the Defendant would repay the victim up to September 30, 2015 and pay the interest of KRW 2% per month until the time of repayment,” from the mutual influence house located in Sejong-si, Sejong-si, Sejong-si, Sejong-si.

However, even if the defendant borrowed the money from the victim, he did not have the intent or ability to pay the principal and interest according to the agreement.

Nevertheless, on May 29, 2013, the Defendant received from the victim the remittance of KRW 145 million from the victim to the NongHyup Bank account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Investigation report (report on the binding of the detailed statement of progress of the case applied for provisional seizure related to this case);

1. The notarial deed of a monetary loan for consumption, the certificate of borrowing KRW 100 million on November 9, 2012, the certificate of borrowing KRW 150 million on May 29, 2013, and the register of H land at Sejong-si.