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

The application for compensation of this case is dismissed.

Punishment of the crime

1. Fraud;

A. On December 29, 2011, the Defendant: (a) made a false statement to the victim in B’s office operated by the victim C in Gwangju Northern-gu, stating that “If he/she lends KRW 40 million to the Plaintiff, he/she would have to complete payment up to April 28, 2012, he/she would have paid KRW 40 million to the Plaintiff’s corporate bank account in the name of the Defendant.”

However, at the time, the Defendant was individually liable for 288 million won in connection with the operation of the Company E, and was liable for 277 million won in the name of the Company E, and was in the absence of any other property. Therefore, even if the Defendant borrowed money from the victim, he/she did not have any ability or intent to repay it by the deadline for repayment.

After all, the Defendant, as seen above, by deceiving the victim as above, received KRW 40 million from the victim as the borrowed money immediately.

B. On March 2012, the Defendant made a false statement to the victim C at the above corporate office B, stating that “If a company borrows an additional amount of KRW 4 million in its operating fund, it shall be repaid with the amount of KRW 40 million prior to the loan,” and received KRW 4 million in cash from the victim.

However, even if the defendant borrowed money from the victim as stated in Paragraph 1, the defendant did not have any ability or intent to repay it by the deadline for repayment.

After all, the Defendant, as above, was accused of the victim and was immediately given 4 million won as the borrowed money by the victim.

2. From April 3, 2012, the Defendant was working as the director of the division in the victim B, and was engaged in the business and the collection of money of the victim company.

around May 2012, the Defendant used 1.1 million won for repayment of personal debt at around May 2012 and from around October 2012 to around October 2012 as well as for the Defendant’s occupational custody of the said victim company.