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 July 21, 2009, the Defendant made a false statement to the victim C that “E located in Gangnam-gu Seoul Metropolitan Government D is insufficient to obtain a “F” company from the victim C at the “E office.” If the Defendant borrowed KRW 100 million, the Defendant would give KRW 150 million including the principal and interest, including KRW 100 million.”

However, even if the defendant borrowed money from the victim, he did not intend to use it as the acquisition fund of the company, and even if he borrowed money from the victim due to no particular property or income at the time, he did not have the intent or ability to repay it.

The Defendant received KRW 100 million from the victim, namely, from the company bank account (G) in the name of the Defendant.

2. Fraud against victim H (2016 highest 2737);

A. A. Around December 24, 2008, the Defendant concluded that “Around December 24, 2008, the Defendant would provide funds for the clothing business if he/she redeems the principal up to December 26, 2008 when he/she borrowed KRW 70 million to the victim H, a domestic company, while taking over the J, a listed company.”

However, in fact, most of the borrowed money from the victim was intended to use it for personal purpose, and even if the victim borrowed money from the victim due to no particular property or income at the time, there was no intention or ability to repay it.

On December 24, 2008, the Defendant received KRW 23 million from the victim in cash. On December 24, 2008, the Defendant received KRW 18 million from the new bank account (L) in the name of K, KRW 20 million in the name of the Defendant (M) bank account in the name of the Defendant, KRW 4 million in the name of the Defendant, and KRW 5 million in the agricultural bank account in the name of the Defendant, and KRW 70 million in total, from the agricultural bank account in the name of the N on December 25, 2008.

B. On December 25, 2008, the Defendant made a false statement to the victim stating that “A person who borrowed money necessary for acquiring a company may not lend money to the victim, and thus, the Defendant would have to repay all borrowed money up to the past.”