A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The Defendant was a person who operated a food service company under the trade name of “B,”

1. From Sep. 2013, at the Seocho-gu Seoul Seocho-gu’s Mutual Non-Free Family, “A victim C is operating an out-of-the-counter company, with a loan of 8% interest rate per annum, and will pay within one year.” From Oct. 15 of the same year, the victim received KRW 20 million from the victim to the national bank account in the name of the defendant at around Oct. 15 of the same year and received KRW 85,20 million in total from No. 1 to No. 6 of the annexed list of crimes.

However, fact was that the defendant was liable for the debt amounting to KRW 0,000,00 including bonds with high interest rate at the time, and even if he borrowed money with low interest rate, he did not have the intention or ability to repay it.

2. On or around December 19, 2014, the victim’s telephone called to the above victim and “in the event of an investment in B, it shall pay 21% per annum, and shall be repaid within one year after the company’s management status is recovered by using the said investment money as the company’s management deposit.” The victim immediately received 20 million won from the victim to the national bank account in the name of the defendant, and received 25 million won in total from No. 7 to No. 31, 25 times in the attached list of crimes.

However, in fact, the Defendant was unable to pay the principal and interest of a debt exceeding KRW 200 million, including bonds with a annual interest rate of up to 400%, and the Defendant was in capital erosion. Since the above investment amount should not be returned, there was no intention or ability to repay it by normalization of company management even if he received the investment amount.

Accordingly, the defendant deceivings the victim and defrauds the total amount of KRW 470 million.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation reports (Submission of suspect A's financial transactions (in-house deposits) and reply to data on personal credit information);