A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Around April 29, 2011, the Defendant told the victim “E” store operated by the victim C in Daejeon-gu Daejeon-gu, Daejeon-gu, that “If the company operating funds fall short of 35 million won, it shall be calculated as the bank interest, and if it is lent 35 million won, it shall be calculated as the bank interest, and the principal shall be paid by selling the F land in the Chungcheongnam-gun, Chungcheongnam-do.”

At the time of fact, the Defendant was unable to finance the company due to the excessive expansion of business, and there was no intention or ability to repay the borrowed money with the purchase price of the above land.

Around May 2, 2011, the Defendant, by deceiving the victim as above, received KRW 35 million from the victim to the bank account (G) in the name of business designated by the Defendant, from the victim, and acquired it by defrauded.

2. On July 26, 2011, the Defendant called “if the Defendant lends KRW 10 million to the victim, he/she would immediately collect the price of supplied goods and first lend KRW 35 million and pay KRW 50 million plus interest rate of KRW 10 million at this time.”

In fact, at the time of excessive expansion of business, the Defendant was difficult to finance the company, and on July 13, 201, it was anticipated that it would be difficult to conduct a normal business with a tax investigation by receiving a notice from the National Tax Service on a tax investigation, and there was no intention or ability to pay the borrowed money for other purposes.

On July 26, 201, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant’s wife H on July 26, 201, and acquired it by deceiving the victim.

3. On December 12, 2012, the Defendant called the victim on the phone, and “on December 28, 2012, the amount of KRW 300 million from the Small and Medium Enterprise Fund as of December 28, 2012, if the Defendant loans more than KRW 10 million, the Defendant will pay KRW 60 million by adding the amount of KRW 45 million from the loan to the bank and KRW 10 million from the loan to the small and medium enterprise fund.”