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

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

Punishment of the crime

The Defendant, from July 5, 2016 to July 28, 2017, served as the representative director of the Dispute Settlement Bank Co., Ltd., and had been running the business of constructing the non-business hotel "E" on the Daegu Dong-gu C and D ground.

At around 15:00 on May 11, 2017, the Defendant concluded that “The construction design of the E hotel to be developed by the F HotelB in Seocho-gu Seoul Metropolitan Government was received to the relevant Gu office, which was already held within three months from the contract date, and the permission was granted within three months from the contract date,” but the above hotel site was owned, and the hotel site price was not less than 30 million won at a reasonable price, and there was no problem in recovering the principal as the remaining value after deducting the debt due to the market price of not less than 30 million won at a reasonable price, and the PF loan was already prepared and completed, and thus, the principal will be repaid within three months, and 300 million won as dividends within one month from the building completion.”

However, in fact, at the time of the construction of the “E” hotel, the application was not received in the Gu office, and there was no agreement, so it was impossible to confident the normal progress of the business, and the hotel site was transferred to the (ju)B in 2013, but the owner was not fully entitled to the ownership due to the remaining 1.3 billion won due to the lapse of 4 years, and the ownership was not fully acquired as the owner’s remainder of 1.3 billion won. There was no specific progress in the PF loan secured by E hotel construction business. Rather, the E hotel site was a trust with the H company with the amount of 1.69,000 won as the preferential profit limit, and the authorization and permission was not underway, so the PF loan secured by the hotel site was very inappropriate, and thus there was no intention or ability to repay the principal of the investment within 3 months even if the victim received the investment money.

Nevertheless, the Defendant.