The defendant, along with his name and influence, had access to a certified judicial scrivener, etc. and pretended to establish a corporation, borrowed funds necessary to obtain a certificate of deposit balance and conspired to borrow funds from a certified judicial scrivener, etc.

On August 30, 201, Defendant E entered a certified judicial scrivener office located in Busan Northern-gu, Busan, and entered the office of a certified judicial scrivener on August 30, 201, and the victim E who works for the company, “it is necessary to register the corporation, but the balance certificate of KRW 100 million is required.

In order to obtain a certificate of deposit balance, the corporation entrusted the registration of the corporation, and the balance after the registration of the corporation made a false statement.

However, as the defendant would establish a corporation, he was aware of escape with money necessary to obtain a certificate of balance of deposit from the injured party and did not have any intention or ability to return it to the injured party.

On September 1, 2011, the Defendant received KRW 100 million from the damaged party to the Defendant Agricultural Cooperative Account as a loan, and affixed the following seals thereon.

9.2. Of the above KRW 100 million, the amount of KRW 50 million was transferred to the Defendant’s National Bank account, and the amount of KRW 50 million was withdrawn from the point of Busan Central Bank located in Jung-gu, Busan.

As a result, the defendant, in collusion with the wounded, was accused of the victim and received the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Requests for certificates of balance of deposits, certificates of restrictions on activities of depositors, details of financial transactions, and application of statutes governing deposits balance certificates;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing of selective sentence of imprisonment [the scope of recommendation] General Fraud (less than KRW 100 million) is that there is no basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] method of deceiving, etc., it is not good that the crime is committed.