A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The Defendant conspiredd with D on December 17, 2014, at D’s office located in Seocho-gu Seoul Metropolitan Government, and the Defendant and D made a false statement to the victim F to the effect that “In order to obtain a more bank loan than D’s G building H located in Seoul Gwangjin-gu, there is a need to provide financial evidence on the amount of transaction more than the transaction value on the register, and thus, KRW 200 million is 30 million. If KRW 200 million is deposited into D’s I head of Tong, the seller of Hho-ho, the said money shall be deposited, and the Defendant, the father of J, immediately, withdraws KRW 200 million into the check and immediately return it.”

However, even if the Defendant and D received KRW 200 million from the victim, they did not intend to return the said money to the victim because they had attempted to use it in another place.

As above, the Defendant and D, by deceiving the victim as above, received KRW 200 million from the K bank account in the above I on the same day, and returned 50 million won to the victim on the same day, and acquired 150 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and D (including F substitute part);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations on the sentencing criteria: Imprisonment of 10 months to June 2: Type 2 (at least KRW 100,000, less than KRW 500,000) (at least 100,000), the mitigation area (at least 10,000 through June), the special mitigation area: No penalty surcharge shall be imposed;

2. The defendant who has abused the victim's trust and acquired a large amount of KRW 150 million, which is a 150 million won, and the defendant shall be suspended from executing the sentence for the same crime.