A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is the representative director of E company, the purpose of which is real estate development business, etc., as a person who arranges Chungcheong-gun D.

On April 2013, 2013, the Defendant tried to create “H building” from the Filwon in Sejong Special Self-Governing City F, Sejong Special Self-Governing City F, the Defendant need to pay expenses related to the authorization for the implementation of the project, design, construction commencement, etc.

The loan of KRW 150 million will be entrusted with civil engineering works of the above distribution center development project, and the principal shall be repaid by June 30, 2013 and the interest shall be paid at 15% per annum.

“.....”

However, at the time, the Defendant was only authorized to conduct a project from Sejong City in relation to the above development project and did not prepare a down payment of 1.2 billion won for purchasing the pertinent land due to lack of any special property or income, and thus, it was impossible from the beginning to grant a PF loan from the financial right, and the possibility was extremely uncertain as well as the possibility was not sufficient to attract investment from the third party. Furthermore, it was not possible to expect the net progress of the above development project due to the lack of comprehensive preparation such as personnel, facilities, etc. as well as the above basic financial shortage, so even if he borrowed money from the injured party, the Defendant did not have any intent or ability to repay the loan from time to time or to cause the above civil construction work.

Nevertheless, on April 17, 2013, the defendant deceivings the victim as above and obtained 150 million won from the victim's account in the name of the defendant, and acquired it by fraud.

[The "15% per month" of the indictment is clear that it is a clerical error in the "15% per annum", so it shall be written ex officio.

Summary of Evidence

1. Statement made by the witness G in the second public trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The fair deed, summary statement, and loan certificate [the defendant and his defense counsel have the intent and ability to repay money from the damaged person at the time of borrowing the money, and therefore are the criminal intent of defraudation.