A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant, from around March 2002 to June 201, 201, operated a laundry factory to dispose of laundry collected from store stores in the area of Incheon as the president of the Incheon District Co., Ltd., and the victim D operated the said laund within the F affiliate located in the Dong-gu Incheon District from March 2009 to February 201.

On November 19, 2010, the Defendant paid 10% interest to the victim during the laundry Office located in Seo-gu Incheon, Seo-gu, Incheon. The Defendant stated that “If the amount of KRW 50 million is lent to the victim.” In the case of expropriation of the site for the laundry factory, the amount of the compensation would be increased to KRW 180 million, and the principal would not be repaid.” On November 19, 2010, at the laundry Office, the Defendant prepared a loan certificate to the victim, stating that “The principal would be increased to KRW 180 million.” On November 19, 2010, the amount of the compensation would be KRW 45 million, the due date, November 18, 201, and 10% of the monthly sales.”

However, the fact was that the Defendant was liable for the amount equivalent to KRW 6-70 million in total and overdue wages due to the poor management of laundry factory at the time, and about KRW 50 million in arrears insurance amount, and there was no specific information about the estimated amount of compensation for accommodation of laundry factory and the timing for payment. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the interest agreed upon to the victim or pay the principal on the date of repayment.

Around November 19, 2010, the Defendant, by deceiving the victim as above, was exempted from the Defendant’s liability equivalent to KRW 1 million out of the fee for laundry goods to be paid to the victim. The Defendant deposited KRW 10 million into the corporate bank account (I) in the name of H used by the Defendant, and received KRW 4 million from the above account on the 24th of the same month, and acquired KRW 35 million in total by receiving KRW 45 million from the above account on the 25th of the same month.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. A statement of a loan certificate and account remittance.