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

Around May 2011, the Defendant stated that “Around May 2014, the Defendant would lend 10 million won or interest every month to the Victim F at E head office located in Dongdaemun-gu Seoul Metropolitan Government D, his/her husband and wife who borrowed 10 million won or more, and paid 300,000 won or more every month.”

However, the Defendant was under bad credit standing at the time, and due to the excessive disbursement of the expenses, G Research Institute operated by the Defendant was extremely difficult to pay 4.5 million won ad hocly over four months. Since the Defendant was liable for a total of KRW 13 million and KRW 2.4 million per month for the Defendant’s repayment of principal and interest due to the Defendant’s debt of KRW 3 financial loan and KRW 2.4 million per month, the Defendant’s revenue from the operation of the Private Research Institute was in a situation in which it was impossible to cope with the above expenditure. Since even if the said private teaching institute was sold, it was not clear whether the Defendant would be able to receive the premium and repay the said money, there was no intention or ability to repay the money even if he borrowed the money from the victim.

On May 27, 201, the Defendant: (a) by deceiving the victim as such, received KRW 10 million from the Agricultural Cooperative account (Account Number: I) in the name of H, the Defendant’s wife on May 27, 201; and (b) received KRW 42 million in total on eight occasions from that time to that of early September 201, as shown in the list of crimes in the attached Table, from that time.

Accordingly, the defendant was given property by deceiving the victim.

On June 28, 2012, the Defendant stated to the effect that “A private teaching institute shall have 80 students, and at least 10 million won is left every month, and a seller M is able to take over a private teaching institute if he/she pays 80 million won to the seller M, and he/she shall take over 50% of the 50% of the 50% of the 50% of the 555 million won as he/she operates a club.”

However, the fact was that the defendant had already entered into a contract with MM, and it was prior to the acceptance under the above contract.