A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant is the vice president of F Co., Ltd., a private person, who implements a “Eber Construction Project” that constructs a paid welfare house for the aged and its ancillary facilities at the D D branch in Sungnam-si, Sungnam-si.

Defendant, in collusion with H, the representative director of G, a company of the same kind as the above company and G, the same building company, stated, around March 17, 2010, that “on the loan of KRW 100 million to the victim C, who was introduced from the branch, shall repay the loan of KRW 100 million until August 20, 2010, and make it possible to perform the original construction work through the construction of the above welfare facility for the aged.”

However, “Eberber Construction Project” was already conducted on February 19, 2010 in a state where the injured party was unable to perform the construction work due to the fact that the establishment of an urban management plan was impossible due to the failure to meet the standards for the establishment of social welfare facilities (paid welfare houses for the aged) from the Sungnam-si.

In addition, even if the above drafting procedure is accepted, it was necessary to build the above real estate transportation center at least 70 billion won, and its financing was uncertain. The above company was financial condition to the extent that it is not possible to reduce the monthly salary of the employees for about three months at the time. The defendant and H had already borne a large amount of debt at the time and did not have any intent or ability to complete payment even if they were paid the above money.

Nevertheless, the Defendant, in collusion with H, by deceiving the victim as above, received KRW 50,00 from the victim, a transfer of KRW 50,00 to the Korean Cit Bank account (I) in the name of H on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the accused in the protocol of interrogation of the suspect;

1. Statement by the public prosecutor with regard to C;

1. Some statements concerning H in the police interrogation protocol;

1. The investigation report (related to the administrative litigation between F and Sungnam-si), the investigation report (the criminal suspect H's previous conviction and attachment report) and the request for cooperation in the investigation (Ebert.