A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2016, the Defendant stated that “AD hospital’s construction cost loan scheduled to be constructed in Gyeonggi-si, Gyeonggi-si, has been completed almost,” and that “Around June 2016, the Defendant made a false statement to the victim B, stating that “AD hospital’s construction cost loan to E to be used for costs related to E through the test to reduce subcontracting construction work by the executor and the post-operator E.”

However, in fact, it is not clear that the loan related to the above project is not approved so that the victim can be authorized to do so, and the defendant tried to appropriate the money received from the victim for the existing claim against E or to consume it at the personal expense without using the money received from the victim as the expenses related to the project.

Around June 16, 2016, the Defendant received KRW 14.5 million from the victim in cash and received KRW 20 million in total from the bank account in the name of the Defendant under the name of the Defendant, as a consideration for granting the authority to perform the structural works and for expenses necessary for the Corporation, and received KRW 5.5 million in cash around June 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness B, E, and F;

1. A suspect examination protocol of the accused by the prosecution (including the B statement section);

1. Each police statement of B and E;

1. A certificate, a detailed statement of deposit transactions, and a business plan;

1. Determination of the defendant and his/her defense counsel's assertion of investigation report (to make G telephone conversations for reference)

1. The summary of the argument is as stated in the facts charged, and there was a fact that the Defendant received KRW 14.5 million from the victim, but there was no fact that the Defendant received KRW 5,500,000 in cash, and E requested to introduce and request a person to be able to be authorized to engage in the structural construction of the D Hospital Construction Corporation (hereinafter “instant Corporation”) and delivered the said KRW 14.5 million to E. As such, there was no intention of deceiving or deceiving the victim.

2. The judgment of this court is legitimate.