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

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

Punishment of the crime

On February 2, 2008, the Defendant (i) invested the F Hospital funeral home located in the Jeonju-gun E in the victim G and (ii) paid a total of KRW 200 million deposit to the H representative of the above hospital and (iii) decided to operate the above funeral home. However, on April 2008, the Defendant (i) requested H to increase the lease deposit amount of KRW 100 million and (ii) provided that H would operate the said funeral home with a total of KRW 300 million by paying the lease deposit amount of KRW 150 million.

Accordingly, on April 7, 2008, the Defendant, at the office No. 701 of the above hospital, made a lease contract of KRW 150 million with H, and paid KRW 30 million as a deposit for lease, and the remainder KRW 120 million as if sold the land in I owned by the Defendant, and operated a funeral home without paying any balance. However, the above hospital had been auctioned at the wind around March or May, 201, the Defendant was paid KRW 160,000 as a deposit for lease of funeral home from H under the pretext of agreement, including a deposit for lease of funeral home from H around March or May. 2010.

As above, the Defendant actually invested KRW 30 million as a deposit for the lease of a funeral hall. Since the victim invested KRW 150 million in the victim, according to each investment amount, the Defendant paid KRW 130,330,000 out of the agreed amount 160,000 won to the victim (=160,000 won x (150,000 won / 180,000 won) x (150,000 won), the Defendant, without notifying the victim of the actual investment of KRW 30,000,000,000,000 won as a deposit for the lease, by deceiving the victim as if he actually paid KRW 15,00,000 to H, the Defendant acquired the remainder of KRW 6,670,380,000,000,000, which is half of the agreed amount, and by inducing the victim to waive it.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness G and H’s respective statutory statements;

1. Criminal facts;