A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Majority Opinion] On November 4, 2016, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court on November 4, 2016 and the said judgment became final and conclusive on June 16, 2017.

[Criminal facts]

1. On November 10, 2014, the Defendant is the representative director of the company D in Daegu Seo-gu C.

On November 10, 2014, the Defendant issued a bill equivalent to KRW 100 million as a down payment for the relocation of D plant, to the victim E, who is located in the vicinity of the Daegu Suwon-gu Foreign Exchange Bank.

A loan of KRW 100 million shall be repaid.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant paid approximately KRW 2.2 billion to the above company’s financial right debt amounting to KRW 2.2 billion per month, and the Defendant incurred a deficit amounting to KRW 200 million per annum because the company’s management was difficult, and approximately KRW 360 million was borrowed from KRW 300 million to KRW 660 million and KRW 60 million from KRW 300 million. Therefore, even if the Defendant borrowed money to the victim, the Defendant did not have any intent or ability to repay the debt amount.

Nevertheless, the Defendant received KRW 98 million from the injured party through the national bank account in the name of the company D Co., Ltd. on the same day after deducting a monthly interest from KRW 100 million.

2. On December 1, 2014, at a place where it is difficult to know the place of end on November 2014, the Defendant: (a) by telephone, the Defendant used a telephone to prevent the Defendant from using the bill “as a bill equivalent to KRW 200,000 issued by the Company comes due, and thereby, (b) is satisfied after one month, while lending KRW 200,000 to the Defendant.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant paid approximately KRW 2.2 billion to the above company’s financial rights debt amounting to KRW 2.2 billion per month, and the Defendant incurred KRW 200 million per year due to the difficulties in managing the company, and borrowed approximately KRW 300 million from KRW 660 million from KRW 300 million and KRW 60 million from KRW 10 million.