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

From August 2013 to November 2013, the Defendant borrowed an amount equivalent to KRW 670 million from the victim B to used the business funds of “C” and investment funds of “C” operated by the Defendant, but the management of “C” has deteriorated, and the investment funds have not been recovered from “C”, resulting in economic difficulties. Accordingly, even though the victim was unable to repay the existing borrowed money from “C”, the Defendant owned an apartment house in his/her racing-si, while working as the representative of “C” and the vice president of “F”, he/she still borrowed the money additionally by borrowing the money to use it for personal debt repayment, etc.

On February 28, 2014, the Defendant called the victim at a place where the place is unknown, and made a false statement to the effect that “The Defendant was awarded a successful bid for the removal of an apartment in the city of old and old time, and was present in the construction. If the Defendant borrowed the business fund, the Defendant would pay interest at 2% per month, and the repayment will be made as the funds are recovered after the completion of the construction.”

However, in fact, the Defendant did not have received orders for the removal of apartment units in the old and the Defendant did not have any intent or ability to pay the principal and interest as agreed even if he borrowed money from the victim because there was almost no profit in the “C” operated at the time.

As above, the Defendant, by deceiving the victim as above, received from the victim a remittance of KRW 100,00,000 on February 28, 2014, and KRW 199,99,960 on March 6, 2014, respectively, to the G bank account under the name of the Defendant for the purpose of borrowing money from the victim.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 299,99,960 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning B and D;

1. Application of Acts and subordinate statutes to written confirmation of the results of electronic financial transfer;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.