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, from around April 2008 to April 201, operated an auction office with the trade name “C” in Ansan-si, Seoul-si, and the victim D works for one year at the above auction office around 2008.

around August 2012, the Defendant intended to immediately receive a successful bid for a nearby forest and to dispose of the loan located in Ansan-si as an auction and to take profits equivalent to the difference. However, due to the problem of forest boundary, the Defendant was liable to pay the interest equivalent to the amount invested or borrowed in order to obtain a successful bid because it was not immediately disposed of due to the problem of forest boundary, and the Defendant failed to dispose of the said forest and land even until December 2016 after borrowing KRW 200 million from the land in the process of paying the interest.

On December 12, 2016, the Defendant lent the “F Real Estate” neighboring the “F Real Estate E” to the victim by telephone, which is located in Ansan-si, Seosan-si. In addition, the Defendant borrowed three million won as the office operation expenses are required. The Defendant would be repaid on February 2017.

“A false statement” was made.

However, in fact, when the Defendant borrowed money from the damaged party, he did not think that the Defendant would pay the existing debt or use it as living expenses, but did not think that it would have been used as office operating expenses. Moreover, the Defendant had a debt of KRW 200 million as above due to investment failure in forest land at the time. Therefore, even if he borrowed money from the damaged party, there was no intention or ability to pay it.

Nevertheless, the Defendant, as above, received a total of KRW 25 million from March 23, 2017, including the receipt of KRW 3 million from the victim to the SC Japan bank account (G) account under the name of the Defendant on the same day from the victim, and acquired the money by transfer from March 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the part concerning D's statement);

1. A detailed statement of transactions from entry into and departure from the SC bank account;