A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 2015, the Defendant made a false statement to the victim E in D neighboring restaurants operated by the Defendant in Seocho-gu Seoul, Seocho-gu, Seoul, that “The Defendant was selected by our company as an agent of the general assembly of the F Reconstruction Promotion Committee, and he was well aware of the president acting for the promotion committee. However, the Defendant lent KRW 240,000,000 for the expenses for holding the general assembly to the general assembly to be returned to the next general assembly meeting held after the lapse of the week.”

However, even if the defendant received money from the victim, he did not use it as the expense of holding the general meeting and thought that he would use it for other business of the defendant. At the time, the defendant was liable for the amount of national tax delinquent to KRW 70 million, unpaid personnel expenses to KRW 40 million, while he did not have any specific property, there was no intention or ability to repay the borrowed money to the victim

On April 29, 2015, the Defendant received KRW 240 million from the victim to the H Association account (Account Number I) in the name of H Association Co., Ltd. under the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of witnesses G and E in the second protocol of the trial;

1. The criminal investigation report (the details of banking transactions A by a suspect), the details of the suspect's bank transactions, copies of the certificate of borrowing money, copies of the remittance certificate, and the defense counsel asserts that there is no fact that the defendant has taken money by deceiving the victim;

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the victim made a concrete statement consistent with the criminal facts stated in the judgment, such as making a statement that he/she believed that he/she would use the funds held by the defendant as expenses for holding a general meeting. The defendant withdraws all of them from the account on the date he/she received the funds held by the victim and pays his/her debts to other creditors or taxes.