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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
The defendant is a person who served as a director of C.
The Defendant, at around 13:00 on January 11, 2010, at the office of the Co., Ltd. located in Geumcheon-gu Seoul Metropolitan Government D, stated that “A Co., Ltd. intends to take over G of the Construction Business Co., Ltd., Ltd., which is located in Young-gun, Gangwon-do. A Co., Ltd., Ltd., a total of KRW 1,312,820 per account appraised, total of KRW 250, and total of KRW 328,205,00 per account, has been invested in the Construction Mutual Aid Association. In the first time, if the part payment to take over G, 100,000,000 won, after taking over G, changed the name of G Co., Ltd. to C, a stock company as security, and returned the said investment at latest within 2,3 days.”
However, on December 18, 2009, in order to take over the above corporation G, 50 million won was paid at the time of the acquisition contract, and around February 28, 2010, there was no separate intermediate payment payment agreement, and thus, there was no need for intermediate payment for taking over the corporation G. Therefore, even if 10 million won was borrowed from the victim, it was thought that it had no intention to use it as intermediate payment for taking over the company G, and that it was used as funds for the operation of the company short of C.
Around January 14, 2010, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the Defendant’s new bank account as an intermediate payment for taking over corporation G around January 14, 2010.
Summary of Evidence
1. The defendant's partial statement denies the criminal intent of defraudation, but the defendant clearly stated that he would not lend the money by means of an intermediate payment, and that he would not lend if he was a corporate operating fund, and the defendant has lent KRW 100 million to G Co., Ltd. with the name of an intermediate payment of KRW 100 million under the pretext of a double payment, he shall receive a loan of KRW 100 million and have the operating right within 7 days at the latest.