A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 18, 201, the Defendant: (a) around November 18, 201, at the coffee shop located in Seoul, operated a civil engineering aggregate manufacturing company with the trade name of Co., Ltd.; and (b) stated that “B is the head of a branch office of a corporate bank, which is the head of the E branch office of the Japanese bank, and that “B is the head of the E branch office of the Japanese bank, at the present time. I would be able to obtain a payment guarantee necessary for the loan of facility funds. To be issued a guarantee, the Defendant would require the head of the E branch office in the Japanese bank to pay KRW 10 million as the starting amount as the expenses such as granting money for the loan of facility funds under a non-commercial name are required; and (c) at that time, the payment guarantee will be granted.”

However, at the time, the defendant was aware of whether it is possible to lend facility funds to C to a corporation operating the victim as security by using an unsound site to the head of Japan Bank E branch office, but he was aware of the fact that it is impossible to issue a loan to the victim and a letter of payment guarantee accordingly. The fact was that the defendant used the money received as the victim as personal debt, living expenses, etc.

Nevertheless, the Defendant deceiving the victim as above, and was transferred to the bank account under the name of the Defendant on the same day from the victim, KRW 10 million under the pretext of the commencement of the issuance of a letter of payment guarantee in the name of Chapter E branch in the Japanese Bank.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police officer's statement about D and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));