A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 2017, the Defendant, as the chairperson of the “B Housing Association Promotion Committee” promotion committee, discussed economic difficulties with C, a general secretary of the said committee, and agreed to divide and use money from others.

On January 26, 2017, the Defendant prepared a construction performance agreement and a loan certificate in the name of the Defendant to the victim F (55 years of age) who is the representative director of the management committee of the association in Young-gu, Suwon-si, which was introduced by the above C at the office of the promotion committee of the association in Suwon-si, the Defendant “I will soon be the head of the B association, but if I lend KRW 100 million, I will be able to be selected by the management committee of the company in charge of removal construction implemented by the said association.”

However, in fact, the defendant was in a position of the chairperson in order to foster the committee of promoters with 15 members of the non-party partnership and did not obtain the consent of the members of the above association for the establishment of the association. Therefore, even if the defendant was established with the consent of 80% of all members of the association, it did not guarantee that the defendant would be the head of the association. Even if the defendant was elected as the head of the association, the selection of the removal corporation was decided according to the members' will, and even if the defendant was elected as the head of the association, the defendant did not have the intent or ability to select the removal corporation as the removal corporation even if he borrowed money from the victim, and there was no economic difficulty, such as that the defendant did not have the intent or ability to pay the above money to the victim immediately even if the selection of the corporation was made without the consent of about 200 million won.

Nevertheless, the Defendant, by deceiving the victim as above, is the H Bank in the name of G, the Defendant was shot in the name of the victim for the same day from the victim.