A defendant shall be punished by imprisonment for four 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

around June 21, 2006, the Defendant came to know with the victim F who operates Gangseo-gu Busan Metropolitan Government D located in D, which supplies steel plates to the above “C” while he/she was in office as the delivery inspector of the “C” located in Jongno-gu Seoul Metropolitan Government B.

On August 9, 2012, the Defendant made a false statement to the effect that “The birth will operate a restaurant in Seoul, while lending KRW 20 million as the transfer fund of the restaurant is insufficient, the Defendant would repay it after two months,” at the office in which the victim of Gangseo-gu Busan Metropolitan City was operated by the victim of Gangseo-gu, Busan Metropolitan City.

However, at the time of fact, at the time of the Defendant’s lending of money to KRW 20 million from an individual investor, the Defendant was a family member who will support funds of KRW 250 million from the individual investor, with wife and 4 people, and parents who reside in the city, with the parents who live in the city, with a monthly salary of KRW 4.5 million, with insufficient debt to cover the above living expenses and interest, and thus, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay the above debt within the due date for payment which was promised.

Nevertheless, on August 10, 2012, the Defendant, who made a false statement to the victim, was transferred KRW 20 million to the foreign exchange bank passbook in the name of the Defendant around August 10, 2012 from the victim.

On October 2, 2015, the Defendant stated that “Around October 2, 2015, the Defendant would complete payment of KRW 5 million on October 30, 2015, on the face of lending KRW 5 million to the victim H so that he/she may engage in business activities, and use money as living expenses, etc. because he/she did not have any money.”

However, in fact, the Defendant, at the time, did not have the intent and ability to repay the above obligation within the due date, even if he borrowed money from the victim, since the Defendant accumulated the obligation amounting to KRW 250,000,000,000 from an individual investor and the amount of KRW 250,000,00 from the individual investor.

Nevertheless, the defendant, as mentioned above, makes a false statement to the victim and belongs to the victim on the 5th day of the same month from the victim.