A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On August 201, the Defendant decided to purchase the above real estate at KRW 7.7 billion from the victim E, the owner of the building in the Hanam-si and D, and its ground in order to implement the new urban living-type housing construction project. In order to pay KRW 5.477 billion out of the above purchase price, the Defendant provided the above real estate as security at the FFFF G G branch and borrowed KRW 5.477 billion in the victim’s name.

However, around August 23, 2011, the Defendant, at the FF G branch in Eunpyeong-gu Seoul Metropolitan Government H, made a false statement that 1 billion won out of the loans of KRW 5.477 billion loaned in the name of the victim to I, the head of the branch, who was given the consent to withdrawal and use from the victim, thereby creating the agricultural bank account in the name of the Defendant and changing the account transfer of KRW 1 billion.

However, there was no fact that the defendant had received withdrawal and approval from the victim with respect to the above one billion won.

Nevertheless, the Defendant had the said I opened an agricultural bank account in the name of the Defendant, and the victim transferred KRW 1 billion out of KRW 5.477 billion borrowed from the said agricultural bank to the agricultural bank account in the name of the said Defendant.

Accordingly, the defendant received money of one billion won owned by the victim through I who is aware of the fact, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J and K, and each legal statement of witness E, L and M;

1. Each investigation report (with respect to the submission of materials by a complainant, hearing of witness by the court for witness);

1. Statement of request for provision of communication confirmation data;

1. Details of transactions in each passbook (A and M);

1. A credit report:

1. A copy of a new business plan, a credit transaction agreement, a letter of intent to sell in lots, a letter of intent to sell in lots, a confirmation, or a letter of commitment to loans;

1. A copy of a decision not to institute a prosecution (No. 2012 type 1685);

1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes), which applies to CCTV images (FFFF G branches), is the Act on February 10, 2012.