A defendant shall be punished by imprisonment for one year.

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

[2014 Highest 286] The Defendant is a person who works as a secretary at the “D” hospital in the operation of B in the East Sea.

Around September 24, 2013, the Defendant, a dentist, who works in D, called “D,” was entitled to make a large amount of profit by making an investment in Russia project. A large amount of KRW 50 million may be invested, and a large amount of money may not be made due to lack of money, and a large amount of money may not be made. If the Defendant borrowed KRW 600,000,000,000,000,000 won and the principal will be repaid after two weeks.”

However, in fact, the Defendant invested a sum of KRW 30 million in the “Large Business” of 201, but failed to recover the said investment amount at all. Since the Defendant’s financial status has rapidly deteriorated, there was an occurrence over KRW 30,000 on the land, and on the other hand, the Defendant had no intent or ability to repay the money even if the Defendant borrowed the money from the victim because it was difficult to repay the interest of the Defendant’s bonds due to the Defendant’s payment from the “D” hospital.

The Defendant received 6 million won from the victim to the corporate bank account (Account Number:F) in the name of the Defendant from the victim on the pretext of the loan from the victim, and acquired the amount of KRW 19 million from the victim on three occasions from October 24 of the same year, such as the statement in the annexed crime list, from October 24 of the same year.

[2014 Highest 322] Around July 25, 2013, the Defendant stated that “If he/she lends KRW 10 million to another hospital, he/she will operate the hospital and repay it without any molding it after one month” to the victim B (the age of 77 years) at the infinite H’s house located in G at the same time in the East Sea.

However, at the time, the Defendant had a debt of 20 million won or more to the private village I, and there was no intention or ability to repay it only a month, even if the Defendant had a debt to other persons and borrowed money from the victim.

Nevertheless, it is not appropriate.