A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. The Defendant, at around November 16, 2016, wanting to share the same real estate with the victim B, at a mutually influence house located in Gyeyang-dong, Yangsan-si on November 16, 2016.

The loan of KRW 30 million shall be repaid until March 15, 2017 and interest shall be paid at 24% per annum.

“A false statement” was made.

However, in fact, while the Defendant did not have any particular asset, while the Credit Counseling and Recovery Commission was liable for the debt equivalent to KRW 20 million, and even if the Defendant borrowed and invested KRW 260,000 from the surrounding neighbors due to lack of financial resources, the Defendant continued to accumulate the deficit equivalent to KRW 800-10 million every month from April 2016, and therefore, even if the Defendant borrowed the above money from the damaged person, there was no intention or ability to change it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) by deceiving the victim; (c) transferred the victim’s KRW 10 million on the same day from the victim; (d) around 17th of the same month; and (e) KRW 30 million on December 15 of the same year; and (e) acquired the victim’s money by deceiving the victim into one bank account in the name of the Defendant.

2. Around January 24, 2017, the Defendant: (a) stated that the victim B was “A sales agent Co., Ltd., a local housing association located in Seo-gu, Busan, in order to carry out a sales agent business of apartment buildings in Busan, and (b) would have a business performance to pay performance; and (c) received KRW 20 million from the victim as a pre-sale deposit for commercial buildings.”

On June 19, 2017, the Defendant returned KRW 20 million from the pre-sale price for the above E-regional housing association apartment commercial building sales agency business to the victim, and embezzled it for the purpose of daily living expenses and the fund of operation around that time while being kept for the victim.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. The police in relation to B.