A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 23, 2011, the Defendant was sentenced to five years of imprisonment for fraud, etc. in the Daejeon District Court Hongsung Branch on September 27, 201, and the judgment became final and conclusive on September 27, 2012.

Around January 2008, the Defendant stated that “AP’s Dong Office in Seocho-gu Seoul Metropolitan Government (“AP”) provided a large amount of a loan to AR apartment (302 Dong 503) on the ground of an obligor with good credit in the face of the city in which the AP was held, and repaid the loan borrowed by the above apartment as security, and the remainder of the loan will be repaid six months after using it for project expenses.”

However, the defendant has a debt equivalent to KRW 500 million around that time, and even if the above real estate was provided as security by the victim, there was no intention or ability to repay all of the loans and interest until the due date.

On January 30, 2008, the Defendant, through Q, inducedd the victim through the above, and thereby, acquired the financial benefits equivalent to KRW 310 million,00,000,000,00,000, which is the amount of the existing loan, from the Busan Mutual Savings Bank Branch of Gyeonggi-do, the Government-dong 179-1, the Gyeonggi Mutual Savings Bank of Gyeonggi-do, which was provided as security at KRW 302,503,00,000,000,000,000 from the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. AS suspect examination protocol by the prosecution;

1. Each police suspect interrogation protocol of AT (including the whole part of AP and the whole part of AP);

1. Statement made by the police of Q (including the AP statement part);

1. A complaint;

1. Copy of a document establishing a mortgage;

1. A copy of bankbook;

1. Copies of all the matters of the real estate registration;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (suspect A identification);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act, which are concurrent crimes.