A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2018 Highest 530"

1. Around May 4, 2016, the Defendant: (a) around May 4, 2016, at the office of “E” operated by the Defendant in Changwon-si, Changwon-si; (b) the victim C returned to the factory as much as the present 4-5 companies are engaged in transactions with the present 4-5 companies; and (c) is expected to receive an order for an annual amount of 4 years. At the factory, the amount of KRW 30 tons is generated; (d) the payment of KRW 10 million is to discontinue transactions with the current scrap metal business entity and supply the scrap metal to the new entity.”

However, in fact, the defendant did not timely pay the factory rent and monthly salary of 35 million won and did not have an intention or ability to provide scrap metal of 30 tons per month as he promised to the victim because it is difficult to operate the business to the extent that the amount of tax 35 million won is delinquent.

As above, the Defendant, by deceiving the victim, received 10 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.

2. Around May 25, 2016, the defrauded: (a) around May 25, 2016, the Defendant stated, “Around May 25, 2016, at the office of “G” operated by the victim C in the Haan-gun, Haan-gun, Chungcheongnam-gun, that “I will pay off only 50,000 won if I immediately lend 6 million won to the victim. I will pay back immediately at the end of each month.”

However, in fact, the defendant was in difficult condition as stated in Paragraph 1, and there was no intention or ability to pay 6 million won to the victim within the time limit agreed by the victim because of the degree of personal debt of KRW 40 million.

As above, the Defendant, by deceiving the victim, received 5 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

"E" operated by the defendant of "2018 Highest 603" is the main business of cutting iron plates.

On October 26, 2016, the Defendant stated the bill of indictment in a notary office located in H in Changwon-si, Changwon-si, and the bill of indictment as the borrowed money is stated in the bill of indictment.