A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

around August 2007, the Defendant was a person who operated a new market selling company D in Seongdong-gu Seoul Metropolitan Government.

On August 10, 2007, the Defendant stated, “Around August 10, 2007, the Defendant would lend business funds to the victim E, who was an employee of the said D office, because it is difficult for the F to use the money. The deposit money for lease on deposit basis of the deposit office, which is now living at present, is KRW 75 million, and would be paid by lending money to F as a security of the deposit money, the Defendant would pay the money with the money and pay the loan in full within three months.”

However, even if the Defendant received the price of supply from the supplier due to unreasonable business expansion, it was difficult for the Defendant to pay the company employees’ benefits, and in particular, since November 2007, the Defendant was unable to pay benefits to the company employees. However, even if the Defendant borrowed money on a deposit basis with the victim’s security, the Defendant did not have any intent or ability to pay the money within three months.

Nevertheless, on August 10, 2007, the Defendant made the victim make a false statement and caused the victim to provide F with the money as security for the victim’s deposit, and borrowed KRW 35 million from F, and acquired the above money again from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Complaint;

1. Application of the Acts and subordinate statutes governing the receipt, copy of civil judgment, copy of notarial deed, details of each account transaction, copy of passbook, fact-finding inquiry and reply;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of a sentence of selective imprisonment [the circumstance that the defendant makes it late (the circumstance that acknowledges and reflects the fact of the defraudation in the judgment of the third trial date) shall not be paid either one of the elements of sentencing favorable to the defendant, or one of the amount of defraudation, which shall be about six years after receiving money from the victim, shall be paid.