A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 4, 2011, the Defendant: (a) held a general meeting to dismiss the president of the redevelopment association at the time when the victim was promoted, to the victim F, who was a member of the “Redevelopment association for housing in the E area” located in the Guang City D; and (b) held a general meeting to dismiss the president of the redevelopment association at the time.

At the same time, the amount of KRW 100 million is required at the expense for holding the general meeting.

On the other hand, it is possible to recover the relevant expenses from the partnership, so that part of the expenses may be refunded.The interest shall be calculated as one copy per month, and the principal shall be paid with the money to be compensated by the partnership later, or with the money in installments.

The borrowed money is used only for the expenses related to the dismissal general meeting, such as the head of the association, and for the redevelopment of the association.

“.........”

However, in fact, the defendant was planned to use the money borrowed from the injured party with other business expenses or living expenses, etc., which the defendant had been in progress, and if the above general meeting of dismissal is not held properly, the defendant did not have the ability or intent to pay the principal and interest to the injured party.

The Defendant, as above, by deceiving the victim as above, received 40 million won from the victim, in the name of the loan to be held at the above general meeting on or around the seventh day of the same month, and acquired it by fraud.

[In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the fact that the Defendant, as above, acquired 40 million won from the victim by deceiving the victim is sufficiently recognized.

① The loan certificate prepared at the time of loan of the said money is indicated as “the borrowed amount of KRW 50 million” and “creditor G.” However, the victim in the family is consistently stating from the investigative agency to the court that the person who borrowed the above KRW 40 million from the victim to the above court is the victim, and H claiming that the Defendant is the lender of the said money is the Minister of Education and Human Resources Development is present at this court as a witness, and the expenses for holding the above general meeting of dismissal and the above association.