A defendant shall be punished by imprisonment for three years.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant is the representative director of G (hereinafter referred to as “G”) in the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, who served as the chairperson of I (hereinafter referred to as “I”) who is an incorporated association located in the Hamo-gun, Chungcheongnam-si from October 2008 to May 2014.

[2014 Highest 8011]

1. On August 28, 2012, the Defendant stated that “I would assist the victim D to build a new factory by inserting a total of KRW 7 billion at KRW 5,714,00,000,000,000, such as Echeon-si J, etc., and if the construction was conducted, I would have to do so. At present, the financial standing of the Defendant would have been extended to KRW 30,000,000,000,000,000,000,000,000,000) from the victim’s bank account.” On August 28, 2012, the Defendant was transferred from the victim to the Defendant bank account.

2. On October 10, 2012, the Defendant: (a) provided that “If the Defendant borrowed money to the victim by the 15th day of this month as KRW 120 million in business capital, by the end of January 2013, the Defendant would repay the money to the victim by the 15th day of this month”; and (b) received a total of KRW 140 million from October 11, 2010 to December 14, 2010 from the victim.

However, since around 2010, G was difficult to operate, and the company operation fund should also be borrowed from others, and the defendant was not at all paid monthly, and the defendant did not have any specific property for the defendant at the time, so even if he borrowed the above money from the victim, he did not have the intent or ability to repay the money in accordance with the promise.

After all, the Defendant received a total of KRW 170 million from the victim as the borrowed money and acquired it by money.

[2015 Highest 1228] On March 5, 2013, the Defendant was in the position of the president of the ordinary level I at the mutually inficial cafeteria cafeteria located in Seocho-gu Seoul, Seocho-gu, Seoul, and was aware of the fact that he had a considerable business completion, and sold the spring water to the victim K, L, M, and N at a low price in a high price in a high water season.