A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant is a person who was a representative director in the name of the E-E (hereinafter referred to as the "E") in the same year from November 10, 2009 to May 10, 2010.

On December 15, 2009, the Defendant stated that “The victim F (the age of 66) was required to pay funds for the completion and completion inspection of the G apartment, and the reconstruction construction of the G apartment was ordered from E, while the G apartment is lowered, the Defendant would immediately start the construction if the G apartment is lowered, and as security, would lend three copies of the G apartment supply contract and 200 million won as the removal of the H apartment reconstruction construction by April 14, 2010.”

그러나 사실 G아파트의 공사현장은 당시 보일러, 샷시, 방수 등 공사업자들에게 공사대금을 제대로 지급하지 못할 정도로 어려운 형편이어서 2010. 4. 14.까지 4억 원을 변제할 의사나 능력이 없었고, 담보로 제공한 G아파트 공급계약서 3매는 허위로 작성된 것이었으며, E가 H연립 재건축공사를 수주한 사실이 없어 철거공사를 줄 권한이 없었다.

On December 16, 2009, the Defendant: (a) by deceiving the victim; (b) obtained a transfer of KRW 150 million to the national bank account in the name of the Defendant on December 16, 2009; and (c) obtained a total of KRW 50 million from the national bank account in the name of I on the same day; and (d) obtained a fraud of KRW 200 million.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The statements of witnesses F, J and K in the third protocol of trial;

1. Statement made by a witness in the fourth trial record;

1. Supply contract, certificate, authentic copy of notarial deed, contract for removal works, deposit certificate, real estate register, lien, apartment photograph, etc., investigation report (as to the capacity to place an order for reconstruction works), investigation report (as to the capacity to place an order for reconstruction works), investigation report (as to the report attached to the judgment of L), hearing report (as to the report on telephone statement with the Korea House Guarantee M), response to the request for cooperation with investigation and submission of data for cooperation with investigation;