A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who has operated 'D' main points in Bupyeong-gu Incheon Metropolitan City.

On February 11, 2016, the Defendant borrowed KRW 50 million from the victim company E (representative F) to the employee of the victim company E (representative F) on February 11, 2016 and changed the main business by 3.5 million per month on the condition that he received liquor from the victim company.

When it is impossible to repay, the above main point's operating right and facility will be transferred to the victim company, and the above main point's real estate lease contract was issued where the lease deposit amount is KRW 100 million.

However, the above main point was that the Defendant did not actually paid the rent of KRW 100 million to the lessor due to the Defendant’s fraudulent building, and the Defendant failed to pay KRW 50 million, which was already borrowed from other liquor companies, and the building management fees or employees did not have any intention or ability to repay the money borrowed as agreed by the victim company due to the difficulty of normal main business even if he borrowed money from the victim company even if he had ceased to exist due to the discontinuance of business in the absence of time.

Nevertheless, as such, the Defendant, by deceiving the victim company, was transferred from the victim company to the corporate bank account under the name of the Defendant, KRW 20 million on February 17, 2016 and KRW 2975 million on February 23, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Statement of the police statement related to G;

1. The filing of a complaint, a loan certificate, a certificate of transfer, a copy of business registration certificate, a written agreement on transaction, a detailed statement of transaction or a detailed statement of transaction, and the application of each Act

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. At the time of the assertion, the Defendant informed the victim’s employees of all of the economic situation faced by the Defendant.

Therefore, it shall be acquired by the accused.