Defendant

A shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A on November 4, 2009, the Busan High Court sentenced a three-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to five years, and the judgment was finalized on August 18, 2011.

[2014 Highest 1453] Defendant D and Defendants A conspired to receive money from the victim F, which requires urgent large amount of business funds, as if Defendant A and E were former heads of agricultural branch offices. Defendant D had the wind as if Defendant D were former heads of agricultural branch offices, and Defendant D conspired to receive money from the victim as if it was able to obtain real estate loans worth KRW 500 million at the face of KRW 100 million, or to issue payment guarantee certificates.

After the beginning of March 2010, the Defendants stated, along with E, that “D may promptly prepare money if necessary, for the business fund of at least KRW 500 million,” and Defendant D said that “I may create money more than KRW 500 million for the business fund if I would prepare money to the victim,” on the basis of the introduction of G, which is the head of the former agricultural branch where the inside is gathered, and the head of the agricultural branch where D would be able to create the business fund of at least KRW 100 million if I would prepare money.”

In addition, Defendant A said, around April 1, 2010, Defendant A issued a payment guarantee letter equivalent to KRW 500,000,000 to the victim, because it was difficult to lend real estate to the victim at a coffee shop in the trade name near Mapo-gu Seoul Mapo District.

However, in fact, Defendant D was not the head of the former agricultural branch, and Defendant A and E were aware of all of them, so even if having received money from the victim, there was no intention or ability to issue a real estate loan or payment guarantee certificate equivalent to KRW 500 million to the victim.

Nevertheless, the Defendants and E deceiving the victims as such, and they are faced with Mapo-gu Seoul Mapo-gu Office around March 11, 2010 by the victims.