A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operated "C" as a wholesale company by-products of the livestock industry.

On April 7, 2014, at the victim E (hereinafter “victim”) office located in Seongdong-gu Seoul Metropolitan Government (hereinafter “the Defendant”), the victimized company paid KRW 300 million to the Defendant as the deposit money for the transaction, and the Defendant entered into a contract for the transaction of goods with the content that the said KRW 300 million should be returned once the contract is terminated. The Defendant agreed to provide the damaged company with the security of the claim for return of KRW 300 million at the high seas, but failed to comply with the agreement.

On April 8, 2015, the Defendant made a false statement to the effect that “F, the representative director of the victimized Company, will receive a guaranty insurance policy for KRW 300 million,” and that if the Defendant borrowed KRW 20 million as there is no tax in arrears, the Defendant would receive a guaranty insurance policy after paying the tax with the money, and would receive the said policy, and at the end of May, receive the loan and repay the borrowed amount excluding the business deposit in lump sum.”

However, the Defendant only intended to borrow money from the victimized company to use it as a fund for the purchase of goods. After paying taxes, the Defendant did not have the intent or ability to provide the victimized company with the guaranty insurance policy issued and did not have any intention or ability to provide for the damaged company. At the time, the business was proper, and there was no other intention or ability to pay for it.

Nevertheless, the Defendant, by deceiving F as such, received KRW 20 million from the victimized Company to the Agricultural Cooperative Account in the name of C, and acquired it by fraud.

[Judgment as to Defendant and his defense counsel]

1. The defendant shall make the same statement as the facts constituting the crime to F, a representative director of the victimized company at the time and time of recording the facts constituting the crime, and shall receive money from the victimized company.