A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who has operated D.

While the Defendant borrowed KRW 530 million from the victim E and continued apartment construction in Yong-Namnam Cancer F, the Defendant was unable to repay the debt on the due date and was urged to pay the debt.

On April 25, 2007, the Defendant: “Around April 25, 2007, the existing maturity of KRW 530,000,000 from domestic loan was due until April 15, 2006 (on November 30, 2005, with respect to KRW 30,000,000),” and even after having been extended once on October 30, 206, the principal and interest was in arrears, and the maturity was extended once more. If the maturity is extended, the principal and interest will be extended to KRW 1.22,4,00,00,000 and repaid until December 30, 207, the Defendant may receive the loan as security by completing the construction of apartment houses in Yongnam-Gun, and as stated above, borrowed certificates.”

However, the Defendant had a debt equivalent to seven billion won at the time, and the said apartment construction work, which was conducted in Jeju, was suspended from December 2, 2005 to be resumed. Even if the said construction work is resumed, the construction cost to be additionally entered is at least eight billion won, and there was no intention or ability to repay the principal and interest to the victim until December 30, 2007, which is the due date for the Defendant’s promise.

Nevertheless, as above, the defendant deceivings the victim as above and acquired financial benefits which are deferred by the victim from the maturity of the existing obligation until December 30, 2007.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A protocol concerning the examination of the accused by the prosecution;

1. A detailed statement of redemption;

1. Application of Acts and subordinate statutes to report on investigation (data submitted by a complainant and a complainant's representative);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The defendant with reasons for sentencing under Article 62(1) of the Criminal Act shall be deemed to have leased principal equivalent to KRW 530 million due to the instant crime.