A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In around 2008, the Defendant introduced the right of preferential sale of commercial site (hereinafter referred to as the “right of exclusive sale”) held by the Defendant Kimpo-si DD association in Kimpo-si to the victim E and decided to purchase it by the victim. The victim has deposited the right of sale of commercial site and the down payment and the proceeds of sale into the account designated by the Defendant.

In the meantime, on January 5, 2010, the Defendant made a false statement to the victim that “I have to deposit the sales price of the commercial land for the members of the Association with C Account,” which reads “I have to transfer money to C Account.”

However, the defendant was thought to use the defendant's office operating expenses, principal and interest of the loan, living expenses, etc. upon receiving money from the victim, and there was no intention to deposit the money normally with the union.

Nevertheless, the Defendant deceivings the victim and transferred KRW 8,176,980 to the account in the name of Nonghyup Bank on January 5, 2011.

After that, the Defendant used the money transferred from the damaged party as the priority deposit price for the commercial site in another place, and even if he received money from the damaged party, even if he did not intend to deposit the money with the priority deposit price for the commercial site, the Defendant deceiving the injured party by the above method, and received KRW 8,60,000 on October 10, 201 from the damaged party, and received KRW 8,180,000 on December 30, 201 from the damaged party to the account under the name of the Nonghyup Bank.

The Defendant, as above, received a total of KRW 24,956,980 from the injured party on three occasions and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Submission of E Data), details of deposits into sites for personal livelihood countermeasures, investigation reports (Attachment of submitted data by a complainant), details of deposit transactions, details of deposit transactions, details of each financial transaction, results of investigation (verification of use of money);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;