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

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Daegu District Court, which became final and conclusive on December 18, 2009.

On January 15, 2008, the Defendant conspired with C, at the E office located in Suwon-gu, Daegu-gu, 2008, the victim F, “A has been implementing the apartment construction project in Gyeonggi-do.” The land owner’s provisional contract for the purchase of land was received from the land owner, and at least ten billion won was finalized with the project financing funds in H (hereinafter “PF funds”), and joint and several surety was made with respect to the PF funds in the Si Corporation, the Si Corporation, the public corporation, and the KF. As such, the PF funds were loaned to the person in charge of H and the KF Co., Ltd. within one week, but the PF funds were loaned within 100 million won per week, and if 100 million won is loaned, the interest will be repaid up to 150 million won per week.”

However, the facts are as follows: H and PF are arranged, the asset-backed securities are issued, and the real estate fund is recruited, and there was no confirmation on the loan. Therefore, it was not possible to receive funds from H within one week, and there was no fact that there was a joint and several surety in the Dispute Resolution Fund I.

The Defendant received KRW 100 million from the victim to the Daegu Bank Account of C on the same day.

Accordingly, the defendant, in collusion with C, acquired KRW 100 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. A copy of the police statement concerning F;

1. Copies of each police statement to J and K;

1. Details of the account transactions in Daegu Bank (C) and certificates of deposit transactions (F);

1. The loan certificate;

1. A contract on financing or financial advice relating to a real estate development project;

1. Investigation report (Attachment of a case in which C is prosecuted as a suspect A and accomplice) and each written judgment (Evidence Records 160-167 pages);

1. Previous convictions in judgment: A criminal investigation report (Attachment to concurrent judgments in the latter part of Article 37 of the same kind);