A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Punishment of the crime

On June 29, 2009, the Defendant stated that “A victim C, who was introduced through F, a branch office in Gangnam-gu Seoul Metropolitan Government (State) EE office, did not receive KRW 200 million which is expected to enter the company, but the fund is urgently required, and is repaid without a mold, if it is lent KRW 10 million.”

However, the Defendant, on June 2009, attempted to take over 7 million won (ju) E, a consulting company, to conduct a new renewable energy-related business, but did not have any particular property to the extent that the office rent is not paid. Since the Defendant’s funds are needed to repay his personal debts, there was no intention or ability to repay the money from the damaged party.

Nevertheless, the defendant deceiving the victim and received KRW 10,800,000 from the victim to the new bank account of the defendant on that day, and he received KRW 10,000 from around that time to December 17, 2009 as stated in the list of crimes in the attached Form 19 times as well as from around December 17, 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Trial records on the 6th and 7th public trial (the legal statement of a witness C and G);

1. Certificates of verification, details of new bank transactions, details of transaction in one bank, application of Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is unclear and it is deemed inappropriate to issue an order for compensation);

1. Basic area (from August to four years) of types 2 (at least KRW 100, but less than KRW 500,00) of the recommended sentences according to the sentencing criteria;

2. Determination of sentence: The fact that the amount of damage by imprisonment with prison labor for ten months is reasonable, and that the damage has not been recovered; and