A defendant shall be punished by imprisonment for one year.

Punishment of the crime

C is the representative of the LABD, and the defendant A is the employee of the above company.

1. Around December 29, 2011, the Defendant and C conspired with the Defendant to borrow money from the victim F, who is deemed to need to purchase funds in the situation where the business funds of the Plaintiff and C are insufficient in the Seoul Gangnam-gu Seoul E-gu Office for the recognition of the existence of the business funds of the Plaintiff and C.

C made a false statement to the victim on the same day that “A large amount of money is needed. A large amount of money is being carried on the business of operating the key machine, and it is expected to be repaid after a week because it is given a loan of KRW 10 million in one week,” and again, on January 5, 2012, C made a false statement to the victim that “A money is urgently needed, and there is a place where money is raised after the lapse of one week,” and “A money is extended to KRW 14 million.”

However, the defendant and C did not have any property or income, and there was no uncertainty as to whether the contract for the operation of a store in another place of business will be able to pay money every week since it did not run according to the plan, and even if the above money was borrowed from the victim, there was no intention or ability to pay the money.

Nevertheless, the Defendant and C received KRW 10 million on December 29, 201 from the victim as the borrowed money, and KRW 14 million on January 5, 201 from each of the accounts in the name of the Dispute Resolution D, and acquired KRW 24 million in total.

2. Around December 8, 2011, the Defendant’s sole principal offender committed a false statement, stating that “D” to the victim F is a cooperative company with disabilities and has the right to operate H University Store located in G in Seosung-si in Gyeonggi-do. Since the Defendant would transfer the right to operate the said store, he/she would transfer the deposit, premium, and rent.”

However, the Defendant did not intend to deliver the said money to the lessor’s side, even if he received rent from the victim, such as immediately using the said money to return another business fund and penalty, repayment of personal debt, etc.