A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who serves as a management director of corporation B.

Around March 5, 2015, the Defendant stated that “A victim D, who had worked as a managing director in the said company in the name of the said company, who received a large amount of loans in the name of the said company, was unable to pay the funds for the management of the company. If the company incurs money, the Defendant borrowed KRW 50,000,000,000,000.”

However, in fact, the defendant used money from the victim to repay obligations related to the part payments for the purchase and sale of apartment buildings, and around May 2014, the defendant had been in the amount equivalent to 2.5 billion won of the corporate guaranteed liability and 400 million won of personal debt incurred in the bankruptcy of the defendant, while there was no intention or ability to repay the borrowed money to the victim because there was no particular property.

The Defendant, by deceiving the victim as such, received 50 million won from the victim to the national bank account in the name of the Defendant’s wife F on the same day from the victim, and acquired it as the corporate operating fund.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the first interrogation protocol of the defendant against the defendant at the police time;

1. Statement D in the second protocol of suspect examination of the accused against the accused;

1. Statement made to D by the police;

1. The Defendant was well aware of the victim’s intent and ability to repay the borrowed money when borrowing the above KRW 50 million from the victim to repay the obligation related to the intermediate payment of apartment sales. The Defendant asserts that the Defendant did not have committed deception with the criminal intent to commit fraud, inasmuch as the Defendant had the intent and capacity to repay the borrowed money in light of the economic value of the B factory site at the time of borrowing.

The following circumstances, which can be known from each evidence adopted and examined by this Court, that is, the victim from the investigative agency to the court, are the defendant.