A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

1. On April 2005, the Defendant: (a) invested in D Co., Ltd.; and (b) was a person who actually operated the said Co., Ltd.; and (c) was a representative director of the said Co., Ltd., who participated in the joint management even after being entrusted with the management of the Co., Ltd.; and (b) conspired to borrow money from the victim C in the name of the fund for the management of the Co.

On December 20, 2006, the Defendant made a false statement to the victim C who was aware of usuality at the office of the D Co., Ltd. located in Seongbuk-gu Seoul Metropolitan City, Sung-gu, Sung-nam, that “I will pay an annual bonus to the employees, and I will pay the bonus to the employees, if I will lend 6 million won to her mother and child, and if I will do so only for one week, I will pay it immediately.”

However, the above company had no intention or ability to repay the money borrowed from the victim because it had to use the money in repayment of the existing debt even if it received the construction payment.

Accordingly, the Defendant, along with E, by deceiving the above victim, received 6 million won from the victim, and acquired 120 million won in total over 12 times from the same day to August 20, 2007, as shown in the list of crimes in the attached Table, and acquired 6.5 million won.

2. On March 16, 2009, the criminal defendant against the victim G made a false statement to the victim G at the hotel coffee shop where the trade name in Dongdaemun-gu Seoul Metropolitan Government is unknown. “If a person lends a benz vehicle used by the party under lease, he/she would use the vehicle at home, and pay three million won at the monthly lease fee to the modern Capital.”

However, there was no intention or ability to pay rent instead because D Co., Ltd. operated at the time closed its business due to business difficulties, and there was no certain income.

The Defendant is the victim as above.