A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 2010, the Defendant asked the victim C to purchase a building located in the Seosan-dong, Yeongdeungpo-gu, Seoul Metropolitan Government Corresponding from the victim C in the coffee shop, and agreed that “If the remainder is required, it is possible to obtain a loan to the above building because there is a person who knows to the bank, the Defendant would have the victim get the loan by making the appraisal well and return the money received if the loan is not well-grounded.”

Pursuant to the above commitment, around March 29, 2010, the Defendant: (a) transferred KRW 20 million to the account in the name of one bank in the name of the Defendant; (b) around April 9, 2010; (c) around April 16, 2010; and (d) transferred KRW 25 million to the agricultural bank account in the name of each of the Defendant around April 21, 2010; and (d) transferred KRW 45 million received from each of the victims to the agricultural bank account in the name of each of the Defendant around April 21, 2010; and (e) transferred KRW 45 million received from each of the victims with loan-related documents.

After that, around May 4, 2010, D transferred 40 million won from the Defendant to the Agricultural Cooperative Account under the name of the Defendant while the Defendant had no possibility of sexual intercourse, and D transferred 40 million won from the Defendant to the Agricultural Cooperative Account under the name of the Defendant. The Defendant had the custody to return 40 million won to the victim.

However, on May 6, 2010, the Defendant did not return the said KRW 40 million to the victim, and remitted the said KRW 40 million to D’s new bank account under the name of another loan expense that was promoted by himself/herself unrelated to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. A loan certificate and a receipt;

1. A copy of a bankbook;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The community service order is not less than Article 62-2 (1) of the Criminal Act;