A defendant shall be punished by imprisonment for one year.

except that 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 25, 2011, the Defendant received KRW 100 million from the victim’s bank account (Account Number H) in the name of C in the name of C (hereinafter “C”) on February 25, 201, on the following grounds: (a) the actual operator of C (hereinafter “C”) and the office of C on February 19, 201: (b) the victim E was expected to establish a medical corporation and build a G hospital on the F site in the following city: (c) the tenant’s cost and the director’s design cost are insufficient; (d) if the tenant’s cost and the director’s design cost are leased, the construction of the G hospital will be contracted; and (e) the convenience store and the pharmacy will be sold in lots and repaid with the sale price or the investment.

On March 25, 2011, the Defendant continuously stated that “the victim would have delayed the relocation of the tenant, and would directly meet the tenant, so it would be difficult to solve this problem.” On the same day, the victim would have borrowed KRW 10 million from the victim to the above account on the same day, and on April 1, 2011, the victim would be able to pay the victim the amount of KRW 8 million to the above account on the same day, and on the same day, the victim would have repaid the amount of KRW 10 million to the company.” On the same day, on May 31, 2011, the Defendant received the money from the victim from the victim to the above account on the same day, stating that “the tenant cost and the design cost are insufficient, but the amount of KRW 20 million will be repaid after the loan of KRW 10 million from the tenant,” and received the money from the victim each on the same day.

However, in fact, the Defendant was planning to use most of the funds transferred from the victim from the beginning for personal purposes, such as living expenses, card payments, and personal debt repayment funds, not for the cost of moving tenants or design expenses necessary for the process of the above construction. Since there was no economic ability to raise KRW 3 billion in the foundation assets, which is necessary to establish a medical corporation, there was no economic ability to raise the amount of KRW 3 billion in the foundation assets, it shall be repaid even if the victim borrowed