A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 2015, the Defendant would make the victim E to get a loan of KRW 1.7 billion out of business funds at the interest rate of 2% because he knows a high person working in the Small and Medium Business Administration because he knows a high person working in the local government.

A false statement was made to the effect that it would lend 40 million won including prior interest, etc. from F on the high seas as the cost of 30 million won, such as street funds, is required for the loan to use it as loan expense.

However, even if the defendant provided the victim's land as collateral and borrowed money from F, he was thought to use the money individually, and there was no intention or ability to allow the victim to borrow 1.7 billion won with the street funds.

Around August 31, 2015, the Defendant: (a) by deceiving the victim; (b) borrowed KRW 40 million from F to the victim; (c) set up a collateral security of KRW 65 million with a maximum amount of KRW 65 million with respect to the amount of KRW 20,622 square meters with respect to land owned by the victim; and (d) received KRW 40 million from F to the H account of the Gwangju Bank in the name of D Construction, and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol (two times) of the accused;

1. Statement made by the police for E;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of statutes concerning certified copies of real estate register and specifications of account transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria is [the scope of the recommended punishment] and the mitigated area (one month to one year) (the person subject to special mitigation] [the person subject to special mitigation] is not subject to punishment, or damage therefrom is restored to a considerable part;

2. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspension of execution, the defendant has been punished twice for the same kind of crime, and is engaged in the same kind of crime;