A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant newly constructed the building of E Hospital in G, etc. from Jun. 2007 to Aug. 2008. The fact was that the above hospital site was a Class-I general residential area in which the funeral hall cannot be constructed, and the Defendant was unable to newly build the hospital normally due to the lack of special property or funds at the time, so even if the Defendant received money from the victim as the deposit money for the lease of the funeral hall from the above hospital, the victim did not have the intent or ability to allow the victim to operate the funeral hall at the above hospital. On Aug. 20, 2007, at the victim G’s house located in G, which was located in G, which was newly constructed at the hospital located in Yongyang-gun, Namyang-gun, 200 million won at the end of Dec. 207, 2007, the Defendant received KRW 50 million from the victim as the deposit money for the lease deposit immediately, and transferred the money to the Defendant under the name of the said hospital and transferred the money to the Agricultural Cooperative around Sep. 127, 20007.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or I's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to a report on investigation (155 pages, 325 pages of investigation records);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no previous conviction or heavier than the suspension of execution and the fact that he has agreed with the victim);