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 a person who has been engaged in the business related to inter-Korean cooperation, such as Geumsan Tourism.

Around February 9, 2009, the Defendant, at the victim D(Representative E) office located in Ansan-si, Seoul-si, Seoul-si, and the above E, which he became aware of in the process of conducting the project related to inter-Korean border, concluded that the above E, “The auction for F building 207, Jung-gu, Incheon-gu, which is used as the domestic office, is in progress. A part of the office is divided into two to three offices after receiving the successful bid for the above office, and the remaining office shall be used within the office and the remaining office shall be leased. If the Defendant borrowed KRW 30 million from the tender for the above office, he/she shall receive the deposit from the office and repay it until May 10, 2009.”

However, in fact, the Defendant borrowed money from the victim company to use it as a sub-loan fund for a high-term restaurant operated in the south-gu Incheon Metropolitan City of the G operation, and the bid price for the above office was thought to be appropriated from the Seo-gu Credit Cooperative and the new bank. Since there was no particular property or income, the Defendant failed to repay the loan amount of KRW 50 million from the credit guarantee foundation around 2005 and the credit card amount of KRW 10 million, etc., the Defendant did not have any financial ability or intent to repay the loan even if he borrowed money from the victim company.

On February 9, 2009, the Defendant, by deceiving the victim company as above, received 30 million won from the victim company to the bank account in the name of the Defendant, and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Each prosecutor's protocol of examination of the accused;

1. E prosecutorial statement;

1. The loan certificate, passbook receipt, confirmation note, and notarial deed (the defendant and his defense counsel denied the intention of fraud, but according to each of the above evidence of the ruling, including the witness E's statement, the victim company was the defendant on February 9, 2009 207, Nam-gu, Incheon (hereinafter referred to as "the defendant").