On September 10, 2012, the Defendant, as a financial director Co., Ltd., was in charge of the business related to the loan of the new factory construction fund, made D, the victim, at the coffee shop in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “I would allow D, the victim, to undertake the new construction of the C factory in the Chungcheong Jincheon-do, Chungcheongnam-do, Jeju. The construction fund was determined to have been loaned from the industrial bank at the industrial bank, and it was delivered to the lending officer in the amount of KRW 30 million,00,000,000,000,000 won, the construction fund would have to come within one week, and it is possible to start immediately.”

However, the fact is that C corporation did not obtain a loan from the Industrial Bank, and therefore it was not clear whether to grant a loan. The Defendant received the above money as living expenses, and the Defendant did not have the intention of the panel from the beginning. Therefore, the Defendant did not have the intention or ability to leave the work to the victim with the loan of the construction fund.

The Defendant received 30 million won from the victim’s bank account in the name of the Defendant at around 18:00 on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes to prosecutions and police statements concerning D;

1. A sentence is inevitable in light of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the selective sentencing of imprisonment, and Article 347(1) of the Criminal Act, even though the amount of fraud of the reason for the sentencing of imprisonment is not so significant, the sentence is not agreed with

However, the punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that the defendant is against the defendant, the repayment of four million won is made, the fact that there is no previous convictions in the same kind of crime, and taking into account the age, character and conduct, environment, circumstances after the crime, etc.