A defendant shall be punished by imprisonment for not more than ten 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

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1. The Defendant, while operating Co., Ltd., a planning real estate company in the third floor of Busan City’s annual building C, was unable to pay money to the victim E, who was working as a business employee, due to the shortage of funds.

On January 10, 2012, the Defendant made a false statement to the victim at the office of the said D Co., Ltd., stating that “I will return to the victim with five (5) interest if I lend the operating capital of the company.”

However, at the time, the defendant paid 640 million won to the defendant, and the company operating was unable to pay the profits by the enemy, and there was no particular income or property from the victim, so even if he borrowed money from the victim, he did not have any intention or ability to pay the money.

Accordingly, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim on January 10, 2012, and KRW 5 million on July 3, 2013, respectively, from the victim, and received KRW 35 million in total as the borrowed money.

84 highest 2014 highest 10258

2. The Defendant, while operating Co., Ltd., a planning real estate company in the third floor of Busan City’s annual building C, was aware of the shortage of funds, paid money to the victim F who was aware of the shortage of funds.

Around August 16, 2013, the Defendant made a false statement with the victim’s office that “if the Defendant lends money to the Defendant that is necessary to operate the Company, such as employee pay, etc., it shall be repaid.”

However, at the time, the defendant paid a debt amounting to KRW 60 million, and the company operated was not able to make profits from the enemy, and there was no other revenue or property from the victim, so even if he borrowed money from the victim, there was no intention or ability to pay the money.

Accordingly, the Defendant, by deceiving the victim as such, received from the victim on August 16, 2013, KRW 20 million, and KRW 10 million on August 26, 2013, respectively, and added to the borrowed money.