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

Punishment of the crime

Around January 26, 2011, while the Defendant was in office as the representative director of C Co., Ltd. (hereinafter “C”) who is engaged in real estate sales agency business, the Defendant concluded a sales agency contract with G Co., Ltd. which sells apartment-type factories located in D apartment 606 and 1101 at the victim E’s house located in D apartment 606 and 1101, the Defendant concluded a sales agency contract with the victim. The Defendant’s implementation of the sales agency business of the above apartment-type factories may gain a large amount of profit. If the amount of KRW 100 million is loaned with the initial business fund, the principal shall be repaid on July 26, 201, which is six months later, and the amount shall be paid in six months each month.”

However, the facts are as follows: (a) the Defendant was liable only for the obligation without any particular property or income at the time; (b) the Defendant was in arrears with wages for employees; (c) even if the Defendant borrowed money from the victim, the Defendant was required to use it as repayment of the existing obligation, payment of wages to employees, etc.; and (d) otherwise, the Defendant did not prepare any additional mobilization plan, etc. for the continuous implementation of the apartment-type apartment factory sales agency business; (b) therefore, the Defendant did not have any intent or ability to pay the principal and interest of the loan as agreed upon by the victim by normally proceeding the apartment-type factory sales agency

The Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the national bank account in the name of C under the name of C in the name of investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police statement regarding E;

1. Application of the respective Acts and subordinate statutes to a loan certificate, sales agency contract, business registration certificate, copy of the passbook E which is the complainant, and reply to requests for financial transaction information;

1. Criminal facts;