A defendant shall be punished by imprisonment for one year.

except that 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

On April 6, 2011, the Defendant was sentenced to a suspended sentence of three years for fraud at the Seoul Central District Court on January 14, 201, and the said judgment became final and conclusive.

【2013 Highest 5591】

1. Joint crimes under the Defendant and E;

A. On November 20, 2010, the Defendant and E discussed to the effect that “The victim F would pay KRW 30 million to each company’s fee to deposit the total amount of 10 billion capital required for ten construction companies through the nominal capital share in Seocho-gu, Seoul, with each company’s passbook for 60 days.”

However, even if the defendant and E receive money from the victim as a fee, they did not have the intention or ability to deposit the above amount into the passbook of each construction company for a short period by raising the amount equivalent to three billion won.

The Defendant, in collusion with E, by deceiving the victim as above, received KRW 30 million from the victim under the pretext of fees.

B. Around December 22, 2010, the Defendant and E discussed to the effect that, at a coffee shop where the trade name in the Jung-gu Seoul Jung-gu, Seoul could not be known, deposit KRW 3 billion in the capital required for the construction company at the end of the year, the Defendant and E expressed to the victim F that, “The deposit of KRW 3 billion in the capital required for the construction company at the end of the year,” and that, if there is an additional company in need of the annual balance, the deposit of capital.”

However, even if the defendant and E receive money from the victim as fees, they did not have the intention or ability to deposit the capital required for the construction company in the passbook of each short term.

The Defendant, in collusion with E, by deceiving the victim as above, received KRW 20 million from the victim under the pretext of fees.

2. The Defendant’s embezzlement crime committed at the time, place, and at the 10 construction companies as described in the above 1-B, prove the remaining annual balance of KRW 3 billion.