Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 39 million won to an applicant for compensation.

3.2

Punishment of the crime

"2019 Highest 3096"

1. On February 27, 2018, the Defendant made a false statement to the victim B, who had a relationship with the Defendant at a place unknown at a time, around February 27, 2018, stating that “The Defendant sent employees to London, and the cost of purchasing materials is necessary. There is a large amount to increase the number of materials. There is a big increase in the number of materials, and there is a lack of funds. If the Defendant borrowed money, 1% interest per month shall be paid, and if the principal is returned, 1% interest shall be paid, and if the principal is to be returned, the amount of money can be paid immediately.”

However, in fact, the Defendant was thought to use the money received from the victim for an individual purpose unrelated to the business, and there was no customer to receive the money, while there was no property in possession, there was about KRW 250 million in debts, and there was no certain income. Therefore, even if the money was received from the victim as the borrowed money, there was no intent or ability to pay the money to the victim.

As above, the Defendant, by deceiving the victim as above, obtained KRW 34 million from the D bank account (E) in the name of C corporation operated by the Defendant on the same day as the loan money from the victim, and acquired it by fraud.

2. Around April 1, 2018, the Defendant made a false statement to the victim B on the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul around April 1, 2018, stating, “The Defendant would have to pay back the money to the victim B, including the money previously borrowed, if he/she loans only KRW 50,000,000 per day.”

However, in fact, the defendant thought that he would use the money received from the victim for an individual purpose unrelated to his business, while he did not own any property, while he did not have any property, about KRW 250 million, and there was no certain income. Therefore, even if he received money from the victim as a loan, he did not have the intent or ability to repay it to the victim.

The Defendant is as above.