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

Punishment of the crime

[2016 Highest 2355] The defendant is preparing to acquire a new factory because it is necessary to expand the company, within the ‘F' coffee shop operated by the victim E of the victim No. D 137 at Ansan-si on February 26, 2016.

In order to expand the corporation, (State) the capital of G should be increased, and the capital needs to be increased, so it will be changed within 2 months after the loan of 200 million won.

Interest shall be paid KRW 3 million per month.

“The purpose of this is to make a false statement.”

However, the facts are as follows: (a) GG, operated by the Defendant at the time, was reported to the enemy each month under the circumstances of the obligation of KRW 300 million and the default of national taxes; and (b) H Co., Ltd was also reported to the enemy each month under the circumstances of the obligation of KRW 1.7 billion and national taxes in arrears, and even if it was borrowed money from the injured party, it was thought to be used for the repayment of the operating fund and the existing obligation of the above two companies, and there was no intention or ability

Around February 26, 2016, the Defendant, by deceiving the victim, received the total sum of KRW 150 million from the victim, including KRW 200 million, around March 10, 2016, KRW 200 million, and KRW 30 million around March 23, 2016, from the victim, and acquired the money from the victim.

[2016 Highest 3259] On November 1, 2015, the Defendant made a false statement to the effect that “I would complete full payment of all of the money that I want to use as a business operation fund if I want to lend I wish to use as a business operation fund” to the victim K.

However, at the time, H Co., Ltd. operated by the Defendant reported the enemy monthly in the circumstances where the Defendant was liable to pay the amount of KRW 1.7 billion and national taxes, and even if the Defendant reported the enemy monthly in the circumstances where the Defendant was liable to pay the amount of KRW 300 million and national taxes to another company operated by the Defendant, he did not have any intent or ability to pay the amount.

The Defendant is identical to this.