A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

Around September 14, 2007, the Defendant: (a) at the foreign exchange bank located in the Dongjak-gu Seoul Metropolitan Government, the Defendant, even if receiving the money from the victim D, was thought to be used for the personal purpose of the Defendant; and (b) the Defendant did not intend to use the money as expenses for promoting the new apartment construction project by E’s lending; (c) made a false statement to the victim stating that “The Defendant would request the money to be incurred in carrying out the new apartment construction project by obtaining a PF loan through the Chairperson F of E, who is his wife, to the cost necessary for the implementation of the new apartment construction project; and (d) received KRW 30 million from the victim on September 14, 2007.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused (including D's statement);

1. Each police statement made to D and H;

1. Agreement;

1. Defense counsel's written opinion;

1. Application of Acts and subordinate statutes to a report on investigation (teleline investigation), a report on investigation (in relation to the F phone search for reference witnesses), an investigation report (in relation to submission of data, etc. on the place of using A

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The portion not guilty under Article 62 (1) of the Criminal Act;

1. Of the facts charged in the instant case, the Defendant’s summary of each fraud around November 24, 2008, around January 26, 2010, around June 24, 2010, around October 1, 2010, around October 27, 2010, around December 6, 2010, and around December 24, 2008, the fact that the apartment construction project by the EP loan does not proceed any longer, stated that “A request D to pay money to be used as expenses in connection with the progress of the new apartment construction project by the EP loan,” and that the Defendant acquired money from D to December 26, 2000, including the act of receiving KRW 2 million from D, and acquired money from D to December 27, 2010, as listed in [Attachment Table 26].

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