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

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On October 23, 2008, the defendant was sentenced to the suspension of the execution of 2 years to the 2-year imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Sungwon District Court's Sungnam branch on May 22, 2009. On July 29, 2009, the Seoul High Court sentenced the suspension of the execution of 4 years to the 3-year imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the 3-year imprisonment and became final and conclusive

Around January 2005, the Defendant, as the representative director of I Co., Ltd. (hereinafter referred to as “I”), made a false statement to the effect that the Defendant would make a new construction of a primary complex building to the victim D within the I office located in the JJ of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul. The Defendant would make a false statement to the effect that 2 billion won of the funds for the purchase of land would be financed.

However, even if the defendant received KRW 2 billion from the victim, he did not have any intent or ability to use it in the purchase price of the site for the building complex in Ulsan Metropolitan City or to invest in the implementation project.

On February 4, 2005, the Defendant acquired money from the victim to the corporate account of K Co., Ltd. (hereinafter “K”) managed by the Defendant from the victim as the purchase price for the building site in Ulsan Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. The entry of part of L witnesses in the second trial records, and the entry of part of D of the witness in the fourth trial records;

1. Indicating some of the protocol concerning the examination of the suspect against the defendant;

1. Details of transactions in the K account of the stock company, the inquiry sheet requesting the details of transactions in the K account, each sheet, each sheet, and each sheet without any change;

1. Previous records: Residents' inquiry and criminal records, investigation reports (former and attached reports), 2009Gohap197 Decisions of Seoul Central District Court, Seoul Central District Court Decision 2009No1201 Decided, Seoul High Court Decision 2009No1201 Decided, 2007Gohap235 Ruling of Suwon District Court and Seoul High Court Decision 2008No2986 Decided each Act and subordinate statutes shall apply;

1. Relevant legal provisions for criminal facts.