A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to a suspended sentence of three years at the Changwon District Court on one year and six months of imprisonment for fraud, etc., and that judgment became final and conclusive on September 10, 2009.

On August 8, 2005, the Defendant, at the office of the D Co., Ltd., which was operated by the Defendant, Changwon-si, Changwon-si, Changwon-si, 506, stated that “17 billion won loan was finalized from the dong comprehensive financial securities, which is a financial company, to the F apartment business at port. However, it is urgently required to handle the above loan business. If 200 million won is lent, it is necessary to return two times within 60 days.” The Defendant presented a letter of intent for the loan brokerage issued by the said comprehensive financial securities, and was committed as if the loan was made in an amount of 17 billion won from the said comprehensive financial securities.

However, in fact, the Defendant did not have been determined to obtain a loan equivalent to 17 billion won from the said comprehensive financial securities, and the intent to act as an intermediary for a loan is merely limited to the intent to act as an intermediary for a loan if certain conditions are met. Since the Defendant did not have any property or income otherwise held and was in bad credit standing, the Defendant did not have any intent or ability to repay the loan under the pretext of the loan even if he borrowed money from the victim.

Nevertheless, on August 10, 2005, the Defendant directly received KRW 100 million from the above office on or around August 10, 2005, and received KRW 100 million from the bank account in the name of G used by the Defendant on or around August 25, 2005.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Testimony of witness E, witness G, and I for each part of the testimony;

1. The prosecutor's office and the police statement of E;

1. Application of Acts and subordinate statutes on a contract for real estate sales, such as a letter of intent for loan, cashier's checks, certificate of remittance without passbook transfer, copy of register;

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

1. The Criminal Act dealing with concurrent crimes;