A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, while engaging in the distribution business of industrial products, was liable for approximately KRW 100 million, and was urged to repay from creditors, and was willing to borrow money from the employees of the company fees by fraud.

1. On September 9, 2015, the Defendant made a false statement to the effect that “When the Defendant borrowed money from a lending company, he/she would borrow money from the lending company to another person, he/she would borrow money from the lending company; the profits would occur; the Defendant would pay in advance the lending company’s interest; and the principal would be paid within three months.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it, and he was a plan to preferentially resolve the defendant's existing debt.

As such, the Defendant, by deceiving the victim and deceiving the victim on September 1, 2015, obtained KRW 35 million from the victim on September 1, 2015, KRW 3 million on September 10, 2015, KRW 10 million on October 1, 2015, KRW 350,000 on November 13, 2015, KRW 34.5 million on November 16, 2015, in total, from the victim.

2. On December 3, 2015, the Defendant made a false statement to the victim G on the part of the said F dormitory to the effect that “on the face of lending money from a lending company to another person, there occurs a large amount of profits from lending money again, and the profits will be given in advance and the principal will be given within three months.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it, and he was a plan to preferentially resolve the defendant's existing debt.

As such, the Defendant, by deceiving the victim and deceiving the victim on December 3, 2015, obtained a total of KRW 15 million from the victim on December 4, 2015, KRW 4 million on December 4, 2015, KRW 4 million on December 7, 2015, and KRW 2 million on December 23, 2015.

3. On March 15, 2016, the Defendant: (a) called the victim H to receive 40% of the investment amount as dividend from a newly built apartment.