A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. Around June 2014, the Defendant, on the pretext of the borrowed money, called “Affordd the victim B, who was f for a fford in the French land,” saying, “Afford the commencement of a mushroom farming house, the amount of money would have been urgently needed. 5% interest per month shall be paid with an amount equal to 5% interest, and shall be repaid only until December.”

However, in fact, the defendant thought that he will use the money borrowed from the victim as personal debt, credit card payment, living expenses, etc. The amount of five farmers' expenses is large and the profits are not known, and there was no intention or ability to repay the money borrowed from the victim according to the victim's promise.

Around June 9, 2014, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the D Association account in the name of the agricultural company (owner) C operated by the Defendant, from the time to August 12, 2014, and acquired the money by deceiving KRW 30 million through five times in total, as described in [Attachment Table 1 to 5], from August 12, 2014.

2. On October 2015, the Defendant: (a) when E, who operated an agricultural company’s business in partnership with the Korea Agricultural Company (State) was liquidated and left the partnership; (b) changed the said victim’s investment by soliciting the said victim B to make an investment in lieu of repaying the borrowed money; and (c) had the victim received additional investments from the victim.

Around October 2015, the Defendant paid 10 million won to the victim for the use of the land of this mushroom farm, and KRW 30 million for the Hashes lease deposit, KRW 50 million for the Hashes lease deposit, KRW 50 million for the use of the Hashes lease deposit, and KRW 150 million for the use of the Hashes. On one occasion, the Defendant may have each of the facilities, such as containers and Poter vehicles. On one occasion, the Defendant may have an investment of KRW 75 million for each of the agricultural companies. In short, the Defendant’s investment of KRW 75 million for the investment of KRW 30 million,00,000,000 for the interest of KRW 15,00,000 for the existing 30,000,000 for the use of KRW 15,000 for the investment of KRW 30,000 for the use of the Hashes.”