A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant, together with C, has received money by falsely evaluating the victim D's real estate appraisal that requires a high appraisal report in order to obtain a loan.

On August 2009, the Defendant made a false statement to the victim through E (here-type indictment) known from C at the site of the French land around August 2009, stating, “The Defendant would make an appraisal of more than 2 billion won that can be used by the bank for loan examination on the building owned by the victim within seven (7) days per week.”

In fact, the Defendant was aware of the fact that the Incheon Seo-gu Incheon Metropolitan City F shopping mall owned by the victim did not exceed 2 billion won appraised value, and that the appraisal report equivalent to 2 billion won received from the said appraiser G was aware of the fact that it could not be used for the loan examination by a bank or any other financial institution, such as a bank, by the private appraisal report, so there was no ability to receive the appraisal report that could receive a valid loan from the beginning, and there was no intention to do so.

Nevertheless, around September 14, 2009, the Defendant received KRW 31 million from the victim as a fee for the said written appraisal at the Dandong hotel parking lot located in the Dandong-gu Seoul Metropolitan Government.

Accordingly, the defendant was given property by deceiving the victim jointly with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the statement made in E or D);

1. Some statements concerning the suspect examination protocol of the defendant;

1. Each police suspect interrogation protocol regarding E (including the part concerning the statement made D);

1. E statements;

1. The chief commissioner (74 pages of investigation records);

1. Application of Acts and subordinate statutes of a written appraisal;

1. The Defendant’s assertion of Articles 347(1) and 30 of the Criminal Act regarding criminal facts is valid for the instant appraisal report to be loaned by the bank.