A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 2017, the Defendant made a false statement to the victim E in the area of C hospital located in Seo-gu Busan, Seo-gu, Busan, stating that “I would have a large number of people who want to get an auction at any time. I would like to get profits from purchasing an oil transport vessel by auction at this time, and then lease it to the company. I would have to get a director to find an employment with the above company and get it to receive an amount of KRW 3 million per month.”

However, the above oil carrier merely received a request from the representative of the company to find out the status of the above oil carrier and whether it is possible to lend the above oil carrier, and it was unclear whether the defendant could receive an auction even though he did not directly receive an auction, so the above oil carrier leased the oil carrier to the company after receiving an auction and did not have an intention or ability to find the victim as a director of the company.

Around June 3, 2017, the Defendant: (a) by deceiving the victim as above; (b) told the victim to “a loan of KRW 2 million to the Defendant’s community credit cooperative account in the name of the Defendant on June 19, 2017; (c) received KRW 2 million from the victim on or around June 19, 2017; and (d) around July 17, 2017, the Defendant borrowed the victim to the Defendant’s community credit cooperative account in the name of the Defendant; and (d) stated that “around July 17, 2017, the auction has been postponed; and (e) KRW 2 million has been transferred to the Defendant’s bank in the name of the Defendant’s name designated by the Defendant; and (e) received KRW 5 million from the Defendant on or around August 22, 2017, the Defendant borrowed KRW 5 million from the Defendant’s bank account in the name of the Defendant.”