A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal facts] The Defendant is the actual operator of D Co., Ltd. (202) of the building in Namdong-gu Incheon Metropolitan City C.

On July 27, 2010, the Defendant is necessary to start the construction work of the public library and child care center in the G Co., Ltd. office operated by the victim F in Sung-si, Incheon Cheongjin-gun.

By September 20, 2010, 300 million won has been loaned. If it is not possible to pay damages for delay of 5 percent per annum, and if it is not possible to pay damages for delay of 5 percent per annum, it will be transferred (State) the cost of extension work in progress I.

“.....”

However, as of January 1, 2010, the Defendant was in arrears with the amount of tax equivalent to KRW 1.788,700,000 at the Incheon Tax Office, and the personal debt amounted to KRW 150,000,000,000. The debt amount of the D Corporation was about KRW 350,000,000,000,000. In addition, it was difficult to pay interest on KRW 84,60,000,000,000 from the Construction Financial Cooperative on November 23, 2009 to the extent that the interest on the loan was overdue. Since the Defendant used the money from the damaged person to repay the previous debt amount, there was no intention or ability to repay it even if it was borrowed from the damaged person under the pretext of the construction cost.

Nevertheless, the defendant deceivings the victim as above, and he received KRW 300 million from the victim to the new bank corporation account D Co., Ltd. on the same day and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. An investigation report (a suspect A and D credit report attached), an investigation report (a suspect, a mutual aid association loan of 86.4 million won is confirmed), an investigation report (a suspect and D debt list attached), an investigation report (a criminal suspect and D debt list attached), and a investigation report (a result of confirmation of details of financial information transaction in the name of D);

1. Application of Acts and subordinate statutes to a loan contract for full consumption of gold, a loan certificate, a contract for transfer of bonds, a certificate of payment of debts, a statement of transfer, and confirmation;

1. Relevant provisions of the Act concerning facts constituting an offense;