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

However, 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

The Defendant is a person operating a health food manufacturer company under the trade name of “C,” and the victim E-house located in “C” around August 26, 201,” explaining the Plaintiff’s G business, which is an industry-academic cooperation project at F University universities, and “in order to proceed with the relevant business, he/she will be paid with the subsidy if he/she lends the amount of KRW 10 million to apply for the subsidy.

“.....”

However, in fact, the Defendant is obliged to pay KRW 3 million and the actual Defendant company’s share of subsidies is less than KRW 8 million, and it is thought that most of the loans borrowed from the injured party or the subsidies received from the injured party would be consumed for the purpose of personal debt repayment and other projects, but it is concealed by the injured party. Since the production and sales performance of the above C was very low and there was no difference in basic operating funds, the Defendant did not have any intent or ability to pay the G project at time because it has no capacity to promote the G project.

Accordingly, the Defendant, by deceiving the victim as above, was transferred to the Defendant’s account from the damaged party on the same day.

In addition, the Defendant received from that time until February 10, 2016 a total of KRW 43.5 million from that time to that of borrowing four times, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Part concerning the defendant's partial statement (the part concerning the fact that each money was remitted);

1. Each legal statement of witness E and H in part;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Some of the police statements made to the accused in the interrogation of the suspect (including the replacement part of E among the three-time examinations) 1 and E;

1. Details and list of transactions;

1. Application of Acts and subordinate statutes to report on investigation (Submission of suspect transaction details);

1. Article 347 (1) of the Criminal Act, the choice of punishment for a crime under the relevant provision of the Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for conviction under Article 62 (1) of the Criminal Act;

1. The table of offenses in the annexed sheet of crimes.