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

Punishment of the crime

1. On Nov. 20, 2008, the Defendant of criminal records was sentenced to a suspended sentence of two years on Nov. 28, 2008 by imprisonment with prison labor for the crime of forging private documents at the Busan District Court, and the judgment became final and conclusive on Nov. 28, 2008.

2. The victim C of the crime decided to purchase the factory site through the Defendant, and delivered KRW 100,000,000 as the down payment, when requesting the Defendant to purchase the factory site.

In fact, the defendant thought that he received money from the victim in the name of the down payment, and used it for personal use without the intention to use it for purchasing the factory site.

On October 2006, the Defendant recommended that “If the Defendant purchased an amount equivalent to 2,000 square meters from the land in G in Ginhae-si, he would obtain permission to convert the subsequent factory site,” and concluded a contract with the Defendant on the 2,000 square meters of the site in G in G in G in G in G in G in G in G in G in G in G in G in terms of the down payment. Accordingly, the Defendant sent KRW 100 million in advance as the down payment.”

The Defendant made a false statement as above, and received from the victim a remittance of KRW 100,000,000 on November 17, 2006.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of witness C and E;

3. A protocol concerning the examination of the accused by the prosecution (including a cross-examination withC);

4. E prosecutorial statement;

5. Statement of the police interrogation of the accused (including a cross-examination part with C and E);

6. Statement of the police statement concerning C;

7. Written agreement and written agreement;

8. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, etc.

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

2. The punishment shall be imposed in consideration of the following: (a) the amount obtained by defraudation of the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, which amounts to KRW 100 million, has not yet been recovered until now; and (b) the Defendant neglected to recover from damage while denying the crime; and (c) the amount of damage shall be KRW 50 million out of the amount of damage.