A defendant shall be punished by imprisonment for six months.

However, 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

Around March 7, 2018, the Defendant made a false statement to the victim D, who was aware of the fact, that “it is necessary to rent an office with the business operator and rent 20 million won for the home care facility business. It is necessary to invest KRW 90,000,000,000,000 in full-time loan funds with the home care facility business operator and receives interest exceeding KRW 1,00,000,000 per month from pro-Japanese, and at the maturity of July 2018, the Defendant collected the money invested by pro-Japanese with the return of the money from pro-Japanese upon the maturity of July 2018, and paid the money borrowed as KRW 20,000,000,000 as the office rent.”

However, the Defendant did not have a plan to conduct the medical care center business and did not have a full-time investment in the care center business. While there was no particular income, the Defendant had no intention or ability to pay the full-time amount of the money borrowed from the victim in terms of living expenses, personal debt repayment, etc.

Nevertheless, around March 7, 2018, the Defendant, by deceiving the victim as above, was issued KRW 1,8960,000 as a loan to the corporate bank account under the name of the Defendant, from the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports on the entry, withdrawal, and recording of the records of the police statements made by the defendant in relation to D's legal statement (the response to information on financial transactions in companies

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. All the circumstances, including the following: (a) the amount of fraud, degree of damage, degree of deception, use of deception, and recovery of damage was almost not achieved; (b) the Defendant and the victim agreed to make installment payments on September 23, 2020; and (c) the victim expressed his/her intention not to punish the Defendant as a final offender on September 23, 2020;