A defendant shall be punished by imprisonment with prison labor for four 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

Although the Defendant owned two commercial buildings in E, B, C, and D, the Defendant was liable for a loan equivalent to KRW 700 million with the said commercial building as security, and was also liable for a financial institution equivalent to KRW 150 million. In addition, the Defendant borrowed money from the other party to E, a lessee of the said commercial building, in order to refund the lease deposit amount of KRW 130 million from the other party to E, and thus, there was no intention or ability to pay the lease deposit amount. Thus, even if the Defendant borrowed money from the victims for the purpose of operating funds, most of them were to use it for repayment of other existing debts, and there was no intention or ability to pay the lease deposit amount.

1. On October 1, 2016, the Defendant: (a) contacted the victim at an insular place at the end of Seosan City (hereinafter referred to as “Sasan City”); and (b) falsely speaks that “I would have no money to take care of it. If I would have borrowed KRW 15 million as I need to operate funds; (c) it would be repaid in the following month; and (d) he/she received KRW 15 million from the victim on November 1, 2016, from the victim to the account of a suspect’s community credit cooperative in the name of the suspect; and (e) contacted the victim on July 11, 2017, he/she received KRW 3 million from the second victim, and “I will complete payment with KRW 15 million prior to one month prior to the loan of KRW 3 million with the Defendant’s operating funds.” (e.g., by taking over KRW 3 million from the victim’s G account in the name of the Defendant, the sum of KRW 15 million,800 million.

2. On April 11, 2017, the criminal defendant against the victim H said that “If he/she lends the amount of KRW 15 million with his/her operating capital, he/she would repay the principal and interest by May 11, 2017” to the victim at his/her J office located in Bangladesh-si I, the criminal defendant obtained cash KRW 15 million from the victim, i.e., he/she received from the victim, namely, money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Each loan certificate;