1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On April 2014, the Defendant provided the said company as security to the victim C (the 60-year-old age), stating that “The Defendant is running a business to build housing in Mongolia, and the money is currently short of 4.5 million won, providing it as security, and the money is to be repaid within 3-6 months from the victim, with a total of 4.41 billion won after deducting interest from the victim’s prior payment.” The Defendant provided the said company as security to the victim, for whom the period for repayment has elapsed.

Criminal facts

On October 2014, the Defendant made a false statement to the effect that “The Defendant shall dispose of the said D Company due to a lack of business funds in Mongolia, but will fully repay 450 million won with the face value of the loan with the face value of the transfer of the Company.”

However, there was no intention or ability to fully repay the borrowed money as agreed upon by the victim even if the above secured company was transferred with the consent of the victim because the defendant did not proceed properly with the Mongolia Housing Construction Project at the time, and the funds were insufficient and the transfer price of the above company should be used for the above Mongolia Housing Construction Project.

The Defendant, as such, by deceiving the victim, obtained the consent to the transfer of the said D Company from the said D Company, and then transferred the said D Company to E on October 15, 2014, received 600 million won from the victim, and repaid 250 million won out of the borrowed money of the victim, and acquired the pecuniary benefits equivalent to 200 million won in the balance of the borrowed money of the victim for the operation fund of the said Mongolia Housing Construction Project.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant's side of the suspect interrogation protocol against the defendant transfers the D company which was offered as security to the complainant to a third party, and the down payment is 350 million won.