A defendant shall be punished by imprisonment for six 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

[2014 Highest 5016]

1. Fraud;

A. On October 8, 2008, the Defendant made a false statement to the victim D that “If the Defendant borrowed KRW 170 million to the account holder, the Defendant would make repayment to the account holder by not later than October 30, 2008, with the money borrowed prior to the deposit, and the amount of KRW 18 million is KRW 17 million that was lent to the account holder.”

However, at that time, the defendant did not have a balance of KRW 170 million in the company's account operated by the defendant, and there was no clear way to raise the cash, and even if he borrowed the above money from the victim, there was no intention or ability to repay it on the date of the promise.

In other words, the Defendant received 18 million won as a loan from the victim at the seat.

Accordingly, the defendant was given property by deceiving the victim.

B. Around November 26, 2008, the Defendant made a false statement to the effect that “In the case of a victim D’s residence in Seo-gu Incheon, Seo-gu, Incheon, 202 Dong 203, the Defendant would pay 150,000 won monthly interest per KRW 13 million if he/she additionally lent 13 million to the victim, and that the principal will also be repaid by February 26, 2009.”

However, at that time, the defendant did not pay the lease deposit for the factory and office in full and did not have any intent or ability to pay the deposit, even if he borrowed the above money from the victim, since the financial situation is not sufficient to the extent that the monthly rent, wage, etc. can not be paid properly.

In other words, the Defendant received 13 million won as a loan from the victim at the seat.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 2008, the Defendant forged private documents at the office of the Defendant in the fifth floor of the Seo-gu Incheon, Seo-gu, Incheon, and on the factory in the Seo-gu Incheon, Seo-gu.