A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who actually operates D and E Co., Ltd., a company manufacturing and distributing new launch in Busan Metropolitan City C Commercial Building.

On February 2, 2012, the Defendant made a false statement to the effect that “The Defendant would repay the borrowed money to the victim F, an employee of the said company, with the loan from the money necessary for the purchase of new products, and with the new sales proceeds paid from the customer.”

However, in fact, the Defendant did not have personal property as a bad credit holder, and there was extremely poor financial situation such as not paying the monthly salary of the employee including the victim due to the proper operation of the company, and there was no intention or ability to pay the borrowed money to the victim as agreed upon because it is difficult for the Defendant to preferentially appropriate most of the sales proceeds of the transaction to pay the existing debt because of the liability of approximately KRW 400 million, such as personal card price and all kinds of taxes.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 20 million from the victim as the loan money around that time, and received KRW 116,446,00 in total over 10 times from that time until June 14, 2013, such as the statement in the list of crimes in attached Form 10.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the F in the protocol of interrogation of the suspect against the accused in the police room;

1. Statement made by the police with respect to F;

1. Each investigation report (A Credit Information Attachment, Account in the name of the complainant using the suspect);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] and the scope of damage (from October to February 6) of mitigation area (the area of mitigation of punishment between 10 million and 500 million won) [the person who has been specially mitigated] of punishment not or damage to considerable portion (the decision of sentence] of punishment shall be the scope of damage.