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

Punishment of the crime

On September 2, 2015, the Defendant, at the office of the transportation company, “G” located in the Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City on September 2, 2015, presented a logistics agreement with the State and SK, and “The security deposit of KRW 300 million is required for SK to follow the 1 subordinate right of logistics concerning coal and oil oil transport. At the same time, from the Government around September 17, 2015, the amount of KRW 700 million business subsidies from the Government will be repaid until September 17, 2015 when the Defendant loaned money.”

However, the defendant did not have the above 1 subordinate rights and did not have any intention or ability to repay the money even if he borrowed the money from the injured party because he did not have the above 1 subordinate rights.

Nevertheless, the Defendant, by deceiving the victim due to such falsity, received 140 million won from the victim to the Agricultural Cooperative Account (J) in the name of the Defendant used by the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and K;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to H and K in the police statement;

1. Data concerning the details of remittance of funds for accusation and damage;

1. A written confirmation of transfer transaction;

1. Application of Acts and subordinate statutes to a investigation report (report attached to a trade statement of the NongHyup Account in I);

1. Determination as to the assertion of the Defendant and his defense counsel under the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts

1. The defendant and his defense counsel borrowed KRW 140 million from the injured party. However, as stated in the facts constituting a crime in the judgment, the victim did not talk about a case of the SK logistics contract, borrowed money from the injured party via K, and the victim trusted the profits that the defendant would gain through the acquisition and sale of L Co., Ltd. (hereinafter "L") and M Co., Ltd. (hereinafter "M") to lend money to the defendant.