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

[criminal power] From August 2002, the Defendant was engaged in credit business with the trade name “D” in the former C and 406 of the Gu from August 2002, and the judgment was finalized on September 18, 2009 on September 26, 2009, which was sentenced to one year of imprisonment with prison labor at the Suwon District Court as a crime of fraud. On May 6, 2010, the Daejeon District Court rendered a sentence of two years and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

At the time of the commencement of the above credit business, the Defendant disposed of his own property and provided funds equivalent to KRW 70 million, and had a debt equivalent to KRW 950 million with no particular property, and was operating credit business from other persons including the victim of this case, so it was difficult to repay the borrowed money without recovery of claims. The debt incurred from September 2002 due to the failure to collect claims smoothly, which was 3.3 billion won in around September 2006, was difficult to normally operate the credit business, including, but not limited to, the amount of the debt difficult to recover, and the amount of the loan from other persons was 2.5 billion won in the interest of the existing creditors, and there was no intention or ability to repay the principal in addition to the interest, even if the Defendant borrowed money from the victim E.

On February 14, 2006, the Defendant, at the above D office, made a false statement to the effect that he would pay monthly interest to the victim E and repay the principal, received gold KRW 20 million from the Defendant’s corporate bank account in the name of Dong F on the same day, and received money from the victim up to May 19, 2008, as stated in the crime log list, he received a total of KRW 170,000,000 from the victim nine times under the name of the borrowed money.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. A copy of each instrument of borrowing;