A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. Fraud;

A. On January 2013, the Defendant made a false statement to the effect that “The Defendant would make profits from lending down payment if he/she lends the down payment to China by purchasing 200 tons of Dong Gas (type of non-nets generated by melting Dong Gas in a refining station) to the victim E at the office of Seo-gu Seoul, Seo-gu, Incheon.”

However, even if the Defendant borrowed money from the injured party, the Defendant purchased 2,00 tons of the same gas as above and did not have the intention or ability to use the borrowed money for the purpose of export down payment to China, and did not have the intention or ability to repay the borrowed money.

On February 1, 2013, the Defendant, by deceiving the victim, received KRW 19,936,500 from the victim.

B. On June 12, 2013, the Defendant made a false statement to the effect that “The Defendant, at the same place as paragraph (a) of No. 1-A, had a slurb (the kind of slurbine that occurs by melting dong in Kimpo F warehouse) in Kimpo F warehouse, and, at the expense of the work, borrowed KRW 6 million before lending KRW 20 million to the Defendant.”

However, even if the Defendant borrowed money from the injured party additionally, the Defendant did not have the intent or ability to pay the money to the injured party together with the amount borrowed from Paragraph 1.

On June 12, 2013, the Defendant, by deceiving the victim, received KRW 6 million from the injured party.

2. Embezzlement;

A. On September 16, 2013, the Defendant embezzled 4.8 million won by arbitrarily disposing of 4.8 million won to G, without the victim’s permission, while he/she kept as a result of the Defendant’s warehouse in the Kimpo-si’s operation of the Defendant.

B. On March 25, 2014, the Defendant purchased approximately KRW 23 million and kept in custody of the business entity “H” in the office of the said corporation around March 25, 2014.