A defendant shall be punished by imprisonment for six months.

Punishment of the crime

While the Defendant discussed the contract for the establishment of replacement of LED lighting on the coastal islands in the Kaburi Sea Island promoted between D’s staff E and the Defendant’s employee E, the Defendant immediately sent the contract only for sampling to E on September 2014, when he sent to E only a sample immediately before the conclusion of the contract for the sale of 30 million won or less at the G root’s trade name in Geumcheon-gu Seoul Metropolitan Government F on the first day.

In making sampling, the phrase “a full payment of principal and interest shall be made within one month if the money is leased,” and “E shall deliver it to D representative H.

However, in fact, the substitution of LED lighting is not immediately concluded when only a sampling contract is sent, and there was no actual binding contract, and there was no particular asset at the time and there was no charge for several years.

The defendant was unable to perform his liability equivalent to 45 million won, and the defendant did not have the ability to perform the above contract that requires strict funds.

In addition, the defendant thought that he will use the borrowed money for other businesses and personal purposes, so he did not have any intention or ability to repay the borrowed money on the fixed date.

As above, the defendant deceivings the victim and was transferred from the victim to the national bank account of his wife J on September 18, 2014, which is KRW 30 million as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and K;

1. Statement made by the witness H in the fifth public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to E or K;

1. The loan certificate and the statement of passbook transaction [the contract for the construction of replacement of ED lighting mentioned by the defendant on the victim's side does not reach the specific phase of conclusion of the contract at the time of the loan in this case and the defendant did not reach the victim within one month through the above contract.