A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The Defendant is a person who engages in food materials distribution business under the trade name of “C” in Busan-gun B.

Victim D is a person operating a "F company" in Busan Shipping Daegu E, and the defendant and the victim are known to him.

1. On October 22, 2018, the Defendant acquired 40 million won by deception, saying, at the above “F Company” office, the Defendant stated that “There is insufficient money to deliver goods to the customer to the customer. It would be possible to collect money from the customer on every 15th day of the following month, and if the Defendant lent KRW 40 million to the customer, he would pay the full amount of money on the 15th day of the following month.”

However, as above, even if the Defendant did not have to pay the above money with the existing debt, loan interest, delivery price, employee salary, etc., and the Defendant did not have any intent or ability to pay the above money as agreed upon by the Defendant with the decline in sales, even if he did not have any debt amounting to KRW 20 million without his property under the name of the Defendant at the time, and paid interest amounting to KRW 3160,000 per month.

Nevertheless, the Defendant, by deceiving the victim as above, obtained money of KRW 40 million from the victim to the Agricultural Cooperative H account in the name of G used by the Defendant on the same day.

2. On February 13, 2019, the Defendant defraudation KRW 20 million, which reads that “If the Defendant borrowed money to pay KRW 20 million to the victim immediately at a place, such as Paragraph 1, at the same time as that of paragraph (1), he/she shall obtain a loan of KRW 100 million from the Korea Credit Guarantee Fund during the month, and shall make a full payment up to KRW 40 million prior to that month.”

However, the Defendant was aware of the fact that the existing “C” business entity was no longer able to obtain a loan, and that at the time, the Defendant attempted to obtain a loan by creating a new legal entity at the time, but could no longer receive a loan by being refused from the Korea Credit Guarantee Fund, and the Defendant added it under the condition of a decrease in excess of obligations and sales, such as paragraph (1).