Defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

From August 19, 2011, the Defendant operated “C” from around Busan Shipping Daegu D and 503, and operated “F” at the same place from around August 16, 2016, and operated indoor medicine business in the same place. Since around 2010, the Defendant became aware of the victim C at the Golf Association and maintained the same kind of relationship.

On April 1, 2016, the Defendant loaned KRW 15 million from the injured party to the third party for the purpose of repaying the existing debt, and then, on April 8, 2016, after one week from the day on which he borrowed money from the injured party, obtained the victim’s trust by paying KRW 15,50 million including the agreed interest to the injured party. As such, the Defendant agreed to make the injured party use of the interest in the construction cost as if he would be used in the construction cost, and agreed to make the injured party pay a high interest by borrowing the part of the existing debt with priority from the injured party, and using the company operating expenses and living expenses, such as monthly pay to the employees, etc., and then, planned to pay the additional money from the injured party or another person, and then to operate the funds by using the referring to the referring money from the victim or the other person, and then making the repayment

However, in fact, the Defendant borrowed money from a bond business operator, etc. for the purpose of raising construction cost around December 2015, and became liable for KRW 100,000 or more debt and high interest rate. The Defendant incurred business losses and entered into a new construction contract as a result of the sudden aggravation of the financial status of the company, such as the occurrence of new loss, etc., and even if concluding a new construction contract, it is difficult to use the new construction contract as the repayment of the existing debt and the operating expenses of the company. Therefore, the Defendant planned to use the existing loan and living expenses, etc. rather than using the money from the damaged party as the construction cost, and it is expected that there was no other property at the time.