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

The defendant is the owner of Busan Ku-gu C Multi-household Housing, who has been performing new construction works through D, a construction business operator.

Since the lack of the construction cost to be paid by the Defendant, around March 28, 2013, the Defendant issued the above multi-household housing lease contract to D, and entrusted D with borrowing money from a third party as security to appropriate it for the construction cost.

D, around April 17, 2013, borrowed 60 million won from E as security and invested it in the construction cost, and the Defendant notified D of such contents, and made a payment by subrogation to E on July 2013.

Nevertheless, around October 30, 2015, the defendant is in the Dong Office of Busan District Prosecutors' Office 19, 112 Doo-ro 112, Busan District Prosecutors' Office.

= Along with the fact that “A” provides “A” = 60 million = “A” at will” = “A” without “A” = “a legitimate” = “A” = “A” = “A” = “A” = “A” but “A” already recovered” = “A” but “A” was already delivered” on November 13, 2015, and stated to the same effect as a supplementary investigation conducted by the Busan Coast Guard.

Accordingly, the defendant was dismissed for the purpose of having D be subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to A by the police;

1. A real estate lease contract;

1. A certificate of borrowing;

1. Application of statutes, such as a written confirmation;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 52 (1) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act are not minor, the public trial is held such as the confession of the defendant, the fact that the defendant has no record of criminal punishment, the circumstances leading to the crime of this case, the relationship between the defendant and the victim, and the family relationship of the defendant.