A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant: (a) borrowed KRW 60 million from D to E on February 13, 2012; (b) lent the above money to E; and (c) transferred the money to E on February 13, 2012 to the victim under the name of the victim by obtaining a loan of KRW 1,278 square meters for G factory site and KRW 170 square meters for Class II neighborhood living facilities on the first floor of H road, KRW 90,00 won for H road (hereinafter “instant land and building”); and (d) obtained a registration of establishment of a mortgage on the second floor of H road, KRW 9,00,000,000,000 for creditors and debtors; and (e) around March 13, 2012, transferred the money to the victim under the name of 300,000,000 won for the said land and building; and (e) transferred the money to 301,000,000 won for the said land and building under the name of the victim.

around March 15, 2012, the Defendant received from E to repay the Defendant’s debt amounting to KRW 20 million out of the above borrowed money, and repaid the Defendant’s debt amounting to KRW 1.85 million from E around July 13, 2012, and used KRW 1.45 million from E to the Defendant’s living expenses, office operation expenses, etc. on or around January 4, 2013, the Defendant was urged to repay the Defendant’s loan amounting to KRW 60 million from the victim, and around March 29, 2013, the Defendant did not yet receive KRW 60 million from E to pay the Defendant’s loan amounting to KRW 30 million. In short, the Defendant received from K first, KRW 30 million,000,000,000,000 from the victim’s name, and transferred the remainder of KRW 330,000,000,000 from the victim’s name to 30,500,000.