A defendant shall be punished by imprisonment for six 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

On July 1, 2012, the Defendant loaned KRW 450 million to the victim E from the D Sing shop located in Gangdong-gu Seoul Metropolitan Government around July 1, 2012.

If the payment is not made up until then, it would transfer 30% of each share of D's singing and F's singing.

However, at the time, the Defendant was unable to pay interest on the existing debt, and the provisional seizure and the right to collateral security was established on apartment buildings which are the Defendant’s property, and D's singing and F's singing stores have failed to make profits due to the aggravation of business management, and each share of each week has no value. Therefore, even if the Defendant borrowed the above money from the injured party, the Defendant did not have the ability to repay it.

Ultimately, the Defendant, as seen above, by deceiving the victim, obtained a delivery of KRW 45 million from the victim on July 2, 2012, and acquired it by deception.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of a certificate, details of transfer of accounts, and a certified copy of the register (H apartment owned by the defendant);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. At the time of the Defendant’s borrowing of money from the damaged party, at the time of the Defendant’s lending of 30% shares of D’s singing and F’s singing, the value was sufficient to secure the Defendant’s obligation to the victim more than KRW 60 million, and there was no intention or ability to change, and thus, there was no intention to commit fraud.

2. In full view of the following circumstances admitted by the evidence of conviction as seen earlier, the Defendant did not have the intent or ability to transfer all shares in D’s singing stores and F’s singing stores to the victim. The Defendant bears a large amount of obligations at the time, and the intent or ability to repay the borrowed amount to the victim.