A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On July 8, 2016, the Defendant was sentenced to a suspended sentence of two-year imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court) and the judgment became final and conclusive on November 4 of the same year.

On May 2006, the Defendant came to know that the victim was seeking to sell the “H hotel” of Seongdong-gu Seoul Metropolitan Government G in the D Co., Ltd. office located in the fourth floor of the Gangnam-gu Seoul Metropolitan building by introducing the victim F from Doin E, and that the victim was willing to take over the “H hotel” of the Seongdong-gu Seoul Metropolitan Government G, and that he was willing to take over the said “H hotel” and promote real estate implementation business, and that he was willing to use the money for the use of the money as a business promotion expense from the injured party, etc., and through Doin E, Doin, the Defendant said that “the victim would receive 60 million won as a cost of implementing the real estate business, such as bank expenses, and will take over the H hotel with the money in the amount of KRW 14 billion.”

However, even if the Defendant received money from the injured party as above, he only intended to use it as personal debt repayment, etc., and used it as business promotion rain or street funds, and did not have the intent or ability to take over H hotel in 14 billion won with a loan from the bank.

Nevertheless, the defendant-appellant stated the following facts: (a) on June 9, 2006, KRW 100 million from the victim, KRW 340 million around September 1, 2006, KRW 90 million around September 7, 2006, and KRW 530 million around September 7, 2006; (b) on the part of the defendant, the new bank prosecutor of the first bank in the name of the defendant, who is the accounting officer of Chok interest D Co., Ltd., instituted a public prosecution by stating the amount of KRW 530 million in the indictment; and (c) according to the evidence of the court below, the victim transferred KRW 530 million from the I's interest bank account (K) to the I; (d) it is recognized that the victim transferred KRW 30 million from the I's interest bank account (as the investigation record was recorded in the new bank in around 206, KRW 30 million,000,000,000 to the new bank (hereinafter referred to as "the new bank").

The money was remitted to the account and acquired by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E.