A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On October 19, 2012, the Defendant: (a) was the actual management owner of D Co., Ltd. established for the purpose of Ansan trade business; (b) around October 19, 2012, at the office of the above D Co., Ltd. (hereinafter referred to as 103 Dong302, Yongsan-gu Seoul building E-gu, Seoul; (c) even if receiving money from the victim F, it was thought that it would be arbitrarily used for the payment of the previous transaction price, corporate operating expenses, living expenses, etc.; and (d) the Defendant received from the victim the total sum of KRW 220 million from the victim on November 30, 2012 and KRW 30 million on December 31, 2012, 200,300,000,000 won from the victim without the intent or ability to deliver the purchase price to the victim.

Summary of Evidence

1. Each legal statement of witness F, G, and H (Provided, That H is a part thereof);

1. Entry of the accused in part of the protocol of examination of the prosecution against the accused;

1. The entry of the defendant into each statement of F and H in the protocol of interrogation of the suspect against the defendant (Provided, That the part of H and the part of the protocol);

1. Application of Acts and subordinate statutes concerning details of passbook transactions attached to investigation reports (Submission of reference materials for suspects);

1. The defendant and his/her defense counsel did not have the criminal intent to acquire the identity of the criminal defendant and his/her defense counsel regarding the pertinent provision of the Criminal Act and Article 347 (1) of the Criminal Act of the choice of punishment.

However, in light of the following circumstances recognized by the evidence duly adopted and investigated by this court, the above assertion is not accepted, since it is apparent that there was a criminal intent to acquire by deception from the defendant.

① The Defendant consistently recognized the fact that 300 million won received from the victim was the purchase price of goods in the process of the prosecutor’s investigation. In this court’s examination, the Defendant thought to supply goods equivalent to 300 million won to the victim and the victim also.