A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who is engaged in the machinery brokerage business under the trade name of E in the racing-si D.

On April 18, 2014, the Defendant, “F,” a real operator of FF Co., Ltd. (hereinafter “F”), called “F,” stating, “If the Defendant purchases KRW 50,00,000,000,000,000,000,000 won, he/she would assist the bank to obtain a loan of KRW 1,000,000,000 from the bank,” while pursuing the contract, he/she expressed his/her intention to waive the progress of the contract on the ground that the said G’s NCM machinery does not fit its factory, and around April 18, 2014, the Defendant, “on deposit at the head of Tong, KRW 270,000,000,000,000,000 for the daily contract amount of KRW 20,000,0000,000,0000,000,000,000.

However, since it was difficult for the defendant to receive money from the victim company due to financial difficulties, such as seizure of the account from the Credit Guarantee Fund at the time, etc., he only thought that part of the money will be used for the repayment of his debt, and he did not immediately return it to the victim company or receive loans from the victim company.

Ultimately, on April 25, 2014, the Defendant received a total of KRW 220 million from G to its account on April 25, 2014, including KRW 11:44 on the same day, and KRW 50 million on the same day, and returned KRW 100 million to the victim among them, and acquired the remainder KRW 170 million.

Summary of Evidence

1. Defendant's legal statement;

1. The fourth prosecutor examination protocol against the accused;

1. The protocol of prosecutorial statement concerning H;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of a certificate of transfer without passbook (12 pages of investigation records), a copy of a certificate of transfer without passbook (13 pages of investigation records);

1. Criminal facts;