Defendant

A shall be punished by imprisonment for eight months.

Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, “2013 Highest 3899” from September 2009 to May 2010, 2010, performed the construction work of F in the name of E at the request of D operating C, but did not receive approximately KRW 350 million from D to July 2012, the Defendant received approximately KRW 120 million in total from D over several occasions from March 2012 to July 2012.

Around August 2012, the Defendant: (a) requested D to pay KRW 50 million as construction expenses are required; (b) obtained loans from D through bank funds; and (c) was aware of D’s intent to repay the Defendant’s debt to D with the amount of money received by committing fraud against G, on the ground that D’s intent to obtain loans from D through bank funds to repay the Defendant’s debt by borrowing money from G as if he/she obtained loans from D and repaid the Defendant’s debt with the money.

Nevertheless, on September 3, 2012, the Defendant received 30 million won from D to the agricultural bank account in the Defendant’s wife’s name with knowledge of the fact that D borrowed money by deceiving G through the above method.

Accordingly, the defendant acquired stolens.

Summary of Evidence

[2013 Highest 3899]

1. Statement made D in the fifth trial records;

1. Statement of the defendant in the sixth protocol of trial;

1. The protocol of examination of the suspect by the prosecution against the defendant or D (including the G's statement part);

1. Protocol of the prosecutor's office and police statement concerning G;

1. Application of Acts and subordinate statutes to each letter of confirmation, a certificate of borrowing, eight copies of a preceding sheet, a receipt of payment, data submitted by the complainant, and details of account transactions;

1. Article 362 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim);