A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. On August 21, 2013, the Defendant made a false statement that “The Defendant would have harvested agrochemicals, seeds, etc. from the victim D’s “E pesticide company” in the Defendant’s operation of the racing city, and “the Defendant would have paid back the victim a full payment by harvesting agrochemicals, seeds, etc. to the Plaintiff on credit.”

However, at the time of fact, the Defendant had approximately KRW 100 million personal debt, and financial institutions had no intent or ability to pay the amount even if the Defendant purchased agrochemicals, seeds, etc. from the injured party on credit due to the amount of approximately KRW 2 billion.

The Defendant, from that time to December 10, 2013, received from the injured party an agrochemical equivalent to KRW 50,00 on the same day, and from that time, from that time, the Defendant belonged to the victim in a total of 16 times, such as the entry in the list of crimes, and received agricultural products equivalent to KRW 7,767,50 in total from the injured party.

2. On August 26, 2014, the Defendant made a false statement to the said victim D, stating that “The said victim shall have to pay the credit value and borrowed money in a lump sum with the loan of KRW 10 million.”

However, at the time of fact, the Defendant had approximately KRW 100 million personal debt, financial institutions had approximately KRW 2 billion debt, and the Defendant’s employees did not have good financial standing, such as not giving adequate wages and retirement allowances, and thus, there was no intent or ability to repay the money even if the Defendant borrowed money from the damaged employees.

The Defendant received 10 million won check from the injured party on the same day as the borrowed money.

Accordingly, the defendant was given each property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of the reason why the complainant lends 10 million won to the suspect) and investigation report (the result of telephone call of the complainant);

1. Application of Acts and subordinate statutes on the petition of complaint and trading statement;

1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts and Article 347(1) of the choice of punishment (Article 1 of the Decision) of the Criminal Act.