A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 11:00 on July 23, 2009, the Defendant stated that “D” medical instruments sales stores located in the Gunsan City building “D”, “The victim E, who wishes to buy land in F, borrowed an apartment as collateral, would pay interest on the loan if it borrowed KRW 35 million, and would sell this land within one month and repay it without molding from October 22, 2009.”

However, as above, the Defendant borrowed 35 million won out of the above real estate purchase price of KRW 65 million from the victim, and received the remainder of KRW 30 million from the Credit Guarantee Fund as collateral. In addition to the Defendant borrowed 20 million from the Credit Guarantee Fund at the time, his personal debt exceeded KRW 100 million.

In addition, the Defendant: (a) lent the land located in Pyeongtaek-si G, which was partially owned by the Defendant from the victim with money; (b) sold the land to H for the repayment of its existing debt; and used the land for the repayment of the existing debt with the payment of the purchase price received from the victim; and (c) set up a mortgage with the maximum debt amount of KRW 250 million with respect to the said land as security; and (d) as a result, the Defendant did not have any intent or ability to repay the said land even if he borrowed money from the victim, such as having provided the instant real estate as security and transferred the ownership of the instant real estate to a third party

Nevertheless, the defendant had the victim borrow 35 million won in the name of the victim at the location of the Korean bankbal movement on the same day, and received it and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect interrogation of the accused by the prosecution (including the part concerning the statement of the E substitute statement);

1. E prosecutorial statement;

1. A copy of the loan certificate, investigation report (examination of the full certificate of registered matters), and all the registered matters; and