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

Criminal facts

On May 4, 2015, the Defendant came to know of the Victim B through a golf gathering on June 4, 2015, and concluded that “D” coffee specialty located in Seo-gu Daejeon, Seo-gu, Daejeon, “D operates several gas stations, and intends to open a new gas station by entering Busan at this time. When it is necessary and open as KRW 300 million is expected to have high profit of KRW 40 million per month. When lending money, the Defendant concluded that “The amount of KRW 5 million per month and KRW 5 million will be repaid at any time at the time when the principal is to be repaid.”

However, at the time, the Defendant had experienced difficulties in operating the two places of gas stations through lease or equity investment and management aggravation. One of the two places was already suspended from April 2015 due to the nonperformance of soil contamination purification measures more than twice, and the lessor was in bad condition, such as refusing to return the lease deposit due to pollution recovery expenses, overdue rent, etc., and there was no intention or ability to repay the deposit to the victim even if he borrowed money from the victim.

As such, the Defendant deceiving the victim, and issued a cashier’s check (F) of the E Bank on June 4, 2015 from the victim affiliated therewith, and received 4 million won in front of the H company located in Seo-gu, Daejeon in Daejeon in the same day on the same day through I, and transferred 3 million won in the name of the Defendant E Bank on July 3, 2015, and transferred 33 million won in the name of the Defendant E Bank on July 15, 2015 to 333 million won and 22 million won in each account on July 15, 2015, and transferred 65 million won in total to the same account on July 16, 2015, and transferred 3 million won in the same account on August 22, 2015 to 300,500 won in total on the same account on the same day on the same day on the same day, and received 1.5 million won in each account on the same date on the same date on the same date on the same date.