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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 20, 201, the Defendant: “A victim H introduced from the 2nd floor office G in Seocheon-gu, Seocheon-gu, Seoul; “B is an expert in international financing; he is not able to enter a company under his name due to his status as a pastor; now, 5th floor of a church building is given and purchased KRW 500 million; a church building will be purchased by causing an international financing of KRW 200 million. If the company of the Republic of Korea deposits KRW 200 million in cash with the company of the Republic of Korea, the Defendant would obtain a large amount of loans within 2-3 months and would offer a large amount of loans to the company of the Republic of Korea. If the loan is not made immediately. It would return money if the KRW 200 million is known, the Defendant would deposit KRW 100 million.”
However, in fact, the Defendant did not have any intention or ability to provide a loan to the victim even if he received money from the victim, because the 50 billion won loan that the Defendant promoted with I and J did not proceed properly over a year, and the money received from the victim was thought to be used for private purposes, such as living expenses.
Around November 30, 2011, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the Si bank account in the name of H, and acquired it by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. Partial statement of the witness J;
1. Partial statement of each prosecutor's protocol of examination of the accused;
1. The prosecutor's statement to J;
1. The police statement of H;
1. Investigation report (to hear statements by complainants);
1. Application of business agreements, loan certificates, certificates, seals, written certifications, confirmations, inquiries about details of liquidity transactions, copies of deposit certificates, and copies of passbooks and Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act
1. The Defendant’s summary of the assertion is as follows.