A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant as the representative director of D of a limited company D with the purpose of housing construction and sale in lots, etc. in the Jeonju-si, Jeonju-si, and obtained a construction permit for three-party ground-type urban residential housing units outside the former 3-party 1, 2015 under the name of the company.

On October 20, 2015, the Defendant, at the victim G’s office located in Y in YY-gu, Y-si, Y-si, Seoul, there is insufficient funds to purchase land from the victim to try to construct a new house in 3 lots outside the former Y-gun E.

The loan of KRW 50 million shall be paid up until March 2016, 2016.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time of the fact, the Defendant was in a very unstable situation as to whether the housing construction and sales business were sexually executed, such as the purchase price of the housing site and the preparation of housing construction cost, and if the Defendant did not lend funds to others, he could not perform the construction work. The Defendant had already been liable for personal debt equivalent to KRW 150 million. Limited Company D had no actual results of housing construction and sales, while the Defendant and limited company D did not have any intention or ability to pay the money even if it borrowed money from the damaged party due to lack of particular assets.

On October 21, 2015, the Defendant, by deceiving the victim, received 47,340,000 won from the victim to the post office account in the name of the Defendant, which was deducted from the prior interest, etc., as the loan money, from the victim.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police in relation to G;

1. Loan certificate, certificate of performance, copy of passbook, and contract for lending and borrowing of money;

1. An investigation report (related to a counter-investigation into staff member in charge of Gosan Department H);

1. Investigation report (the status of investigation of the details of direction from the counter party to the land);

1. Investigation report (Details of telephone communications with complainants);

1. Application of Acts and subordinate statutes to a investigative report (Attachment of a detailed statement of deposit transactions in D);

1. Relevant Articles of the Act concerning the facts constituting the crime;