A defendant shall be punished by imprisonment for not less than three months.

Of the facts charged in the instant case, the charge of occupational breach of trust is acquitted.

Punishment of the crime

The Defendant does not have any intent or ability to pay money with no specified property or income;

A. If a person lends money to the victim B after September 2016, because he/she had a place to pay money after "3 months, he/she will have to repay money to the victim B by December 2016.

“Along on September 2, 2016, 200,000 won is remitted as borrowed on or around September 2, 2016;

B. On November 8, 2016, at the parking lot for the Dispute Resolution Co., Ltd., the victim would have to pay the victim a sum of KRW 30 million, by not later than December 2016, such as the amount borrowed prior to the lending of additional money. In December, 2016, the victim received KRW 10 million in cash on the same day, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes on transaction confirmation;

1. The reasons for the sentencing of Article 347(1) of the Criminal Act, including the pertinent legal provisions on the facts constituting a crime and the choice of the punishment, [the scope of recommendations] the general fraud [in the case where a person who has been specially mitigated commits a deceitful deception] in the mitigated area (one to one year) of types 1 (less than 100 million won) of the Criminal Act, or in the case where the degree of deception is weak (the decision on the sentence of punishment of this case] (the decision on the sentence of this case), the course and the degree of damage, the degree of damage, and the fact that the defendant did not recover from damage and is strongly punished, etc., the punishment against the defendant shall be determined as ordered within the scope

The acquittal portion

1. This part of the facts charged - The defendant in occupational breach of trust has a duty to inform the company of the fact that he/she works as a business member of the Victim Financial Instruments Brokerage Co., Ltd., and to deposit 2% of the price into the corporate account and settle the remainder.

However, the Defendant continued to enter into a new installment contract with D around December 13, 2016 and did not notify the victimized company of the breach of its duty and received fees of KRW 2.9 million following the conclusion of the contract from January 18, 2017.