A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On April 6, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on the 14th of the same month.

[Criminal facts]

1. On November 201, 201, the Defendant: (a) around November 201, at the E office operated by the victim D located in Busan Young-gu, Busan, the Defendant made a false statement that “F, an agency for filing an application for an information and communications association qualification certificate, such as Korean and X-cell, is operating an information and communications association; (b) increased operating staff; and (c) increase in winter and summer in operating an elementary school and a private teaching institute, such as Busan, Gyeongnam, and Ulsan, the Defendant may raise a fee of at least KRW 5 million; and (d) increase the average income of KRW 200 to KRW 3 million. On the other hand, around the 15th day of each month, the Defendant borrowed KRW 30 million.”

However, at the time of the Defendant’s employee G, the Defendant was not able to pay the interest even when he borrowed money from the damaged party under the name of the Defendant’s employee G, and there was no intention or ability to repay the interest even if he borrowed money from the damaged party.

As such, the Defendant, by deceiving the victim, received money from the victim to the Agricultural Cooperative Account under the name of the Defendant on December 8, 201, with KRW 18 million on December 8, 201, KRW 12 million on September 12, 201, and KRW 30 million on total, from the victim.

2. On June 2012, the Defendant, at the place described in paragraph 1 around June 2012, the Defendant was aware of the Defendant’s employees of H, who are the delivery company of Hariwon, and thereby, would enable the Defendant to perform the penture construction work.

In order to do so, the construction should cancel the claim, and the cost of the claim is KRW 3740,000,000 and the loan is changed."

However, even if the Defendant received money from the injured party, he did not intend to use the said F in the funds to operate the said F or personal living expenses at the time, and did not intend to purchase the claim against H as above.