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

However, 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 November 2007, the Defendant: (a) called a telephone to the victim C on the Franchising ground; and (b) paid KRW 1.5 million to the victim C by adding up KRW 30 million investment to KRW 1.2 million invested. Accordingly, the Defendant provided KRW 3,454 square meters in Gyeonggi-gun, Gyeonggi-do, which was offered as a collateral for the said investment principal, as a collateral to a bank; and (c) provided the same as a collateral to a bank. Accordingly, the Defendant concluded that the Defendant would pay KRW 150 million.”

However, at the time, the real estate owned by the Defendant with a bank amounting to KRW 10 billion was offered as security to the bank, and the interest expense was required to be more than KRW 70,000 per month, and the principal and interest was not able to be repaid. As such, the real estate provided by the victim was intended to be provided as security for the extension of the repayment date to the bank. Thus, even if the said real estate was provided as security by the victim, there was no intention or ability to return the principal and interest of investment to the victim.

Accordingly, the Defendant, by deceiving the victim, had the victim acquire the benefit of providing security equivalent to the market price of the above real estate E, by allowing the National Agricultural Cooperative Federation of Creditors to set up a maximum claim amount of KRW 1.2 billion, and the joint collateral security to E, a stock company operated by the debtor, with respect to the amount equivalent to approximately KRW 104,50,000 of the above real estate on December 5, 2007.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. A certificate of transfer, and the application of each receipt statute;

1. Article 347(2) and (1) of the Criminal Act, the choice of imprisonment for a crime

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code provides that the defendant has no record of committing the same kind of crime, the crime of this case was committed by the willful negligence, the defendant paid 20 million won to the victim, the circumstances leading to the victim's complaint and the relation