A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On February 11, 2015, the Defendant entered into a contract with the victim F Co., Ltd. F to manufacture, install, and supply one set of 1,00 tons of pelle seeds at the office of E Co., Ltd. operated by the Defendant, the headquarters of the building D at Changwon-si, Seoul around February 11, 2015, and the F’s adviser G should first receive advance payment payment and contract performance securities from the Engineering Mutual Aid Association in order to receive down payment from the original manager H.

The said mutual aid association may obtain a certificate of guarantee upon payment of 60 million won of its investment. As the money required now is insufficient, the said mutual aid association made a false statement to the effect that the certificate of guarantee of face-to-face loaning KRW 190 million is issued and submitted to H, and that the receipt of down payment from H would be made without molding with the down payment of KRW 5.76 billion by the end of February 2015.

However, at the time of fact, E was paid a surcharge equivalent to 30 million won through a tax investigation, and the company's financial situation was not good, such as lending of 30 million won to the company due to failure to pay employees' wages.

Moreover, since engineering mutual aid association determines whether to issue a final guarantee certificate based on the financial structure and contract performance ability of the company in addition to investment, it was unclear whether to issue a guarantee certificate even if it pays money from the victim to the mutual aid association.

Accordingly, the Defendant, as seen above, received 190 million won from the injured party to the above G, in terms of the cost of issuing a letter of guarantee around February 13, 2015, he/she acquired 190 million won from the injured party, by transfer to the corporate account (I) with E.

Summary of Evidence

1. The respective legal statements of the defendant and witnessJ

1. The witness G and K's respective legal statements;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution to K;

1. An investigation report (to listen to a statement by L company Mphone), an investigation report ( to confirm the place of use of KRW 300 million);