A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The Defendant is a person who works in Soyang-gu Co., Ltd. C and purchased drugs in large quantity at a pharmaceutical company and sells them to a wholesaler or retail.

On October 28, 2009, the Defendant offered the victim D (the Defendant and the persons who established an elementary school and the persons who established an elementary school) as security under the FF loan 201 floor E in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, Seoul and borrowed KRW 100 million for the purpose of operating the company, and repaid KRW 50 million on November 10, 2009, but did not comply with the said promise to provide the security.

On June 28, 2010, the Defendant stated to the effect that, “If the amount of money is extended to a drug wholesale business in addition to KRW 30,000,000,000,000 per annum, the Defendant would pay the interest of 36% per annum, the principal would be paid, and the amount would be paid immediately, and at the same time, the Defendant would create the right to collateral security against the FF loan 201, 200,000,000,000,0000,000,000,000,000,000,000,000,000,000,000

However, in fact, the above company where the defendant had worked had a debt of KRW 200 million at the time and failed to pay taxes, and was unable to be supplied with medicines from pharmaceutical companies smoothly, and due to the risk of seizure of the defendant's property because the defendant's debt of the above company jointly and severally guaranteed is not repaid in an amount equivalent to KRW 50 million, and there was no intention or ability to pay interest of KRW 36% per annum and principal even if he borrowed money from the victim.

In addition, on May 20, 2010, G created a right to collateral with a maximum debt amount of KRW 80 million with respect to the said house and there was no value of collateral any longer.

Nevertheless, on June 28, 2010, the Defendant, by deceiving the victim, obtained money from the victim to the Defendant’s corporate bank account by remitting KRW 30 million from the victim to the Defendant’s corporate bank account.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant Articles of the Act concerning facts constituting the crime; and