A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. Fraud;

A. On April 2012, 2012, the Defendant made a false statement to the victim C, i.e., the knicker C, stating that “The knicker’s operating funds need to be loaned money.”

However, the Defendant had already closed the said store due to the financial difficulties in around November 201, the Defendant had already discontinued the said store. In so doing, the Defendant had been liable for the loan of KRW 110 million to the Gwangju Agricultural Cooperative, the obligation of KRW 10 million to the Han Bank, the obligation of KRW 14 million to the lending enterprise, and the obligation of KRW 14 million to the lending enterprise. The Defendant has been under the circumstance of preventing the refund of interest by lending the bonds to pay dividends of KRW 24 million per annum to the previous victims. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to repay the loan.

Defendant deceiving the victim as above, and was transferred KRW 15 million to the Agricultural Cooperative Account in the name of Defendant on April 6, 2012 from the victim as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

B. On April 2012, the Defendant made a false statement to the victim C, who was a knife, stating that “The Defendant borrowed money necessary for business funds” to the knife victim C.

However, the defendant did not have any intent or ability to pay the interest even if he borrowed the money from the injured party, because the defendant has prevented the lending of the interest in excess of his obligation as above.

The defendant deceivings the victim as above, and was transferred KRW 40 million to the Agricultural Cooperative Account in the name of the defendant on April 26, 2012 from the victim as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 23, 2012, the Defendant in breach of trust secured the amount of KRW 55 million borrowed from the Defendant’s existing investment from the damaged party’s goodwill, deposit, and sales funds at the law firm F office located in Nam-gu Incheon Metropolitan City, Incheon, as set forth in paragraph (1).