A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who operates a plan for the settlement of accounts, and the victim agricultural company C is a company that has supplied domestic capital to the plan for the settlement of accounts.

On November 14, 2017, the Defendant ordered the payment of the cash price to the person in charge of the decision-making bank of the victim agricultural company, as the Defendant would normally pay the cash price to the person in charge of the decision-making bank of the victim agricultural company.

However, in fact, the KB had a debt of not less than KRW 80 million at the time, and because it had been prepared for the rehabilitation application, there was no intention or ability to pay the price in time even if the victim was supplied with the money from the victim.

Nevertheless, the Defendant, as seen above, by deceiving a person in charge of the name in distress of the victim corporation, received money equivalent to KRW 6,620,250 from the victim on November 14, 2017, equivalent to KRW 3,831,100 on the 16th day of the same month; equivalent to KRW 3,640,250 on the 21st day of the same month; and KRW 3,640,250 on the 23th day of the same month; and KRW 5,349,50 on the don 19,405,150 on the don 23th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Statement made to D by the police;

1. Investigation reports (to hear statements by the attorney-at-law of the attorney-law in charge of rehabilitation applications for suspects);

1. A certified copy of promissory note notarial deed, a funding plan, a detailed statement of cases in the court, daily sales day, a court notice and a decision prohibiting auction procedures, and application of statutes on simplified rehabilitation procedures

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act - the defendant acknowledges and reflects his mistake.

- The Defendant prepared a plan for the repayment of funds to the victim, but had already applied for the rehabilitation of the corporation before that plan.

However, there is a reason to consider that creditors can not be notified of the application for rehabilitation.

- The Defendant shall recover from damage through corporate rehabilitation procedures, and the Company.