A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is engaged in the business of extracting aggregate from limited company L.

On November 201, 201, the Defendant leased P reservoirs located in the B B of the former North Korea to a victim N in the M office, Inc., a corporation located in B of the former North Korea, as a specialized facility site for juveniles, and would be able to conduct dredging and selection of by-products ( sand) accumulated in a reservoir on the face of a week by lending KRW 20,000 to a specialized facility site for juveniles.

“I wish to pay the funds necessary for obtaining dredging permission from the Military Administration of the United States Armed Forces,” and “I wish to return the money received from the victim if I do not obtain the permission.”

“A false representation was made.”

However, even if the defendant received money from the injured party at the time, he thought that he will use the money for the purpose of using the money for children's school expenses and living expenses, etc., so he did not have the intention or ability to obtain dredging permission, and did not have the intention to return the money if he did not obtain the permission, and there was no ability to repay the money in the name of the accused at the time

The Defendant, as seen above, received 210 million won from the injured party to September 16, 2013 as stated in the daily list of crimes in the attached Table from December 3, 2012 to September 16, 2013 from the victim and acquired the money by transfer of 200 million won as funds related to the dredging of P reservoir.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on N, Q and R;

1. Application of Acts and subordinate statutes on remittance details;

1. Relevant legal provisions for criminal facts and Article 347(1) of the Criminal Act for sentencing [the scope of recommending punishment] of the grounds for sentencing [the scope of recommending punishment] of types 2 (not less than KRW 100 million, but less than KRW 500 million), the basic area (one year to 4 years) [the sentence] [the decision of sentence] of this case where the defendant has obtained money continuously exceeding KRW 200 million from the person who has suffered damage by taking advantage of a reservoir dredging construction business, the method of crime and the amount of damage, etc.