A defendant shall be punished by imprisonment for four months.

Punishment of the crime

피고인의 배우자 C은 2009. 10. 말경 피해자 D에게 전화를 걸어 피해자에게 “남편(피고인)이 운영하는 육가공 공장에서 아산시청과 같이 유황돼지 특허를 땄고, 대출도 이미 신청하여 은행에서 심사단이 오기로 하였는데 기계가 셋팅 되어 있어야 바로 대출이 된다고 한다. 기계를 셋팅 하는데 돈이 급히 필요하다. 대출이 안 되더라도 공장 임대보증금 3,000만 원으로 갚겠다. 그것도 안 되면 보험금 대출을 받을 수 있으니 걱정 말고 빌려 달라. 남편 동업자의 땅이 있으니까 그거 팔리면 갚을 테니 사채라도 빌려 달라.”라고 거짓말을 하였다.

On November 2, 2009, the Defendant made a telephone conversation with the victim and confirmed the contents of the above C as they were, on the ground that “The Defendant had been a business operator of the meat processing factory, and based on the Pulule Pule Pule Pule Pule Pule Pule Pule Pule Pule Pule Pule Pule Pule Pule, etc. within 20 days, the Defendant would be able to make a full payment within 10 days, and this would be 30 million won if the Defendant was aware of the fact that he had not been able to do so. The Defendant already applied for a loan from a bank to the examination board as well as the viewing staff, and the machines were scleeped.” The Defendant confirmed the contents of the said C as they were.

However, at the time, the Defendant did not pay approximately KRW 200,000,000, while engaging in processing meat transactions with the Efood, and C did not have any sufficient means to pay the said amount, and there was no intention or ability to pay the amount, even if the Defendant borrowed money from the victim, such as there was no fact that the Defendant was actually inspected in connection with the EP business from the A

Ultimately, the Defendant, in collusion with C, by deceiving the victim as above, received KRW 26,40,000,000 from the victim who was prior to November 3, 2009, deducting KRW 3.6 million from the victim.

Summary of Evidence

1. The defendant's legal statement; 1.1.