A defendant shall be punished by imprisonment for nine months.

Punishment of the crime

[Criminal Records] On September 10, 2015, the Defendant was sentenced to a suspended sentence of two years for embezzlement at the Daejeon District Court on June 2015, and the above judgment became final and conclusive on the 18th of the same month.

[2] On June 26, 2009, the Defendant stated that “A factory site shall be purchased, obtained permission, and sold to a third party after selling the site shall be paid to the third party, and the proceeds of KRW 50 million as well as the principal shall be paid within three months,” and the Defendant stated that “A loan of KRW 100 million shall be made.”

However, at the time, the defendant was in a situation in which the prospect of the real estate development project invested through the third party (D) was inadequate and thus it was unable to contain profits. In addition, even if he borrowed money, there was no intention or ability to repay as agreed upon.

The Defendant, as such, by deceiving the victim, received KRW 99,160,300,00 from the victim as the borrowed money from the victim to his agricultural bank account (E).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C, F, and D;

1. Entry of G in the written complaint;

1. Detailed statement of transactions of self-reliance deposits, detailed statement of transactions of each passbook, deposits without passbook, written agreement on investment in real estate business, details of account transactions, and written statement of investment confirmation;

1. Previous convictions in the judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A), the text of the judgment (A), and the text of the judgment (Seoul District Court Decision 2015No 558, Daejeon District Court Decision 2015No. 558), such as criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Procedure Act: (a) the Defendant convicted the Defendant of Article 39(1) by delegation from the injured party, and denied the charges by asserting that there was no fact of borrowing money from the injured party (Article 33, 34, 103, 104, 124 of the Legal Statement and Investigation Records). On the other hand, the aggrieved party raised money from the Defendant to a site development project for a factory site.