Around February 29, 2008, the Defendant: (a) at the office of the victim D in Jongno-gu Seoul, Jongno-gu, Seoul; (b) the Defendant was not a general manager of the redevelopment association; (c) the Defendant did not have the authority to provide a third party with the funds related to the business rights; and (d) the Plaintiff did not have the intent or ability to pay the funds from the third party; and (c) the Defendant did not have any special property; (d) the Defendant was the general manager of the redevelopment association; (e) the Victim was the Plaintiff “B is the principal manager of the redevelopment association. The Plaintiff borrowed the money to be used by the redevelopment association 50 million won after 20 days from the business owner who agreed to enter into the business rights agreement with the redevelopment association.” (d) the Defendant was transferred KRW 30 million from the victim to the Defendant’s national bank account; and (e) received KRW 20 million from the first police officer of the following month to the Defendant’s national bank account at around the 18th day of the same month; and acquired KRW 51 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Application of Acts and subordinate statutes on deposits without passbook;

1. The reason for sentencing of Article 347(1) of the Criminal Act on the crime at issue is that the amount of damage in the instant case was not significant, and the damage was not completely recovered, and that the victim is disputing the crime, a sentence of imprisonment is inevitable.

However, in consideration of the fact that F is used by the defendant, the punishment of KRW 25 million shall be determined as per the order, from among the money that the defendant acquired from the victim.