A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was a person who operated the “B”, a business entity importing Cheongbaba.

Around September 3, 2010, the Defendant made a false statement to the D Bank located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, that “If the Defendant borrowed KRW 20 million to the victim F through E, the said company’s employees, he would pay the principal and 2% interest after six months.”

In fact, the Defendant, without any particular property at the time, committed a debt amounting to KRW 270 million, and not only did the said company’s business depression, but also did not have any economic difficulty to the extent that the employees were unable to pay wages. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay such money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 19.6 million on the same day from the victim to G account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the police officer's interrogation protocol of the defendant and the suspect interrogation protocol of the prosecutor's office E in the statement;

1. Statement made by the police on the victim;

1. Each statement in the loan certificate, account transaction details, individual rehabilitation decision, and credit information inquiry statement [the defendant denies the intent of the crime of defraudation, but considering the following circumstances admitted by the evidence above, the defendant may obtain conviction that the defendant had no intent or ability to repay the loan from the victim at the time of lending the money. ① Not only did the defendant have not repaid the loan within six months, unlike the victim’s agreement, but also interest, other than the prior-paid interest and KRW 400,000,000 which were deducted at the time of borrowing, even if the deposit in the G account remains small or medium, was not paid properly (the interest paid from November 5, 2010 to September 18, 2013 is only KRW 489,000 in total).

(2) Since 2002, the Defendant changed products to Cheongba in 2008.