A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. The criminal defendant against the victim B is a person who has been awarded a contract for the new construction of the D Office in Seongbuk-gu, Sungwon-si. The victim B is a representative director of F (State) subcontracted from E during the new construction work.

On September 13, 2010, the Defendant made a false statement to the victim that “A family member needs to be hospitalized in a hospital and to conduct an operation, and money is urgently needed. If the Defendant borrowed KRW 10 million, he/she would make payment without molding one month after lending it.”

However, at the time of fact, the Defendant had a debt equivalent to KRW 80 million, and thus there was no intention or ability to make payment after one month even if he received the said money.

On the same day, the defendant received 10 million won from the victim in the bank account (Account Number H) in the name of G, which is the wife of the defendant, from the victim, and acquired it by fraud.

B. On September 29, 2010, the Defendant made a false statement to the victim that “The victim would pay interest equivalent to 10 million won on the face of Do, 10%, and 10% until October 30, 2010,” at the above place.

However, the defendant did not have the intent or ability to repay the above even if he received the money from the victim.

On the same day, the defendant received 10 million won from the victim to the above account, and acquired it by fraud.

2. Around April 7, 2011, the Defendant made a false statement to the victim I by phone to the victim I that “it is necessary to use two million won as a business fund. The Defendant would make a payment immediately after two weeks of the loan.”

However, in fact, the defendant had a debt equivalent to KRW 80 million at the time and had been in default, so even if he borrowed KRW 2 million from the victim, he did not have an intention or ability to repay it.

On the same day, the defendant is an enterprise bank account in the name of the defendant from the victim.