A defendant shall be punished by imprisonment for one year.

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

1. On June 16, 2014, the Defendant committed fraud, on June 16, 2014, made a false statement to the victim B, stating that “If business funds are insufficient, 100 million won shall be given monthly interest, and the principal shall be repaid within one year.”

However, the Defendant, at the time, was liable for a loan amounting to approximately KRW 166 million to financial institutions. Since the food service business run by the Defendant had been accumulated only by the enemy without profits, the Defendant did not have the ability to repay principal within one year as promised with the victim. Furthermore, the Defendant thought that the Defendant used a considerable amount of money borrowed from the victim to C, such as transferring the money to C, KRW 50 million, and KRW 18 million, for a purpose unrelated to the above business.

On June 16, 2014, the Defendant, by deceiving the victim as such, received a total of KRW 100 million from the E bank account (Account Number:F) in the name of the Defendant on two occasions.

2. From June 2015 to June 201

7. On June 2015, the Defendant committed fraud, at the office of “A Co., Ltd. I” in the Defendant’s operation of the Defendant on the 16th century of the Geumcheon-gu Seoul Metropolitan Government G Building H, the Defendant made a false statement to the victim B, stating that “I will have a good business. Cosmetics may be exported to China.” The Defendant may pay a large amount of profits. When lending money to the above business, the principal shall be repaid within one month, and KRW 100 million already borrowed shall be repaid up to the end of December 2015.”

However, the Defendant, at the time, was liable for a loan amounting to approximately KRW 800 million to a financial institution, etc., and thus, the Defendant did not have the ability to repay the principal within one month as promised with the victim. Furthermore, the Defendant used the loan money borrowed from the victim as a living cost or as a purpose irrelevant to the above business, such as using the money borrowed from the victim to repay other debts already assumed.

The defendant deceivings the victim as such.