A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 11, 2016, at the C conference room located in Gangnam-gu Seoul, Seoul, the Defendant entered into a contract with E, the representative director of the victim D Co., Ltd. to receive KRW 1.2 billion from the victim company by June 27, 2016, on condition that the Defendant would receive KRW 1.2 billion from the victim company until June 27, 2016, and thereby procure KRW 120 billion from the first financial right, on condition that the Defendant would receive KRW 120 billion from the fee, and then he would receive KRW 100 million from the fee, and then receive KRW 100 million from the fee, and if the above loan guarantee is not issued, the Defendant would immediately return it.

However, there is no fact that the Defendant, at the time, has confirmed the possibility of issuing the said letter of loan undertaking, and the said letter of loan undertaking was in fact impossible to issue it because it did not issue it at a financial institution, and even if the Defendant received the fee first from the victim company with no particular property, he did not have the intent or ability to receive the letter of loan undertaking from the victim company or to return the fee received.

The Defendant, by deceiving E as such, received KRW 100 million from the victim company to G association account in the name of the Defendant through E in the same day.

Summary of Evidence

1. A protocol concerning the examination of suspect to the prosecution of some part of the defendant (including the E statement part);

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. An investigation report (to hear statements of a suspect H and submit a written statement);

1. Application of Acts and subordinate statutes to a written agreement, remittance statement, and each transaction statement;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel at the time of the instant case.