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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From November to December 2015 to the Seocho-gu Seoul Metropolitan Government Office for the Dispute Resolution of the Victims D Operation D Co., Ltd., and the defendant did not have any intention or ability to get a FF loan equivalent to KRW 140 billion from the F Bank, despite that the defendant did not have any intention or ability to get a FF loan from the F Bank, the defendant heard the victim's phrase "it is necessary to grant a FF loan equivalent to KRW 140 billion in the construction of Hmapt in the Busan Northern-gu G G G, Busan-gu." The defendant sent the victim's false statement that "I will get a loan prior to the F Bank's vice-president's history." On December 31, 2015, the defendant sent the victim's account to the victim with KRW 140 billion at the request of the F Bank's President and KRW 150 million at the expense of the F Bank's account. It is necessary to get the victim to get a loan prior to the F Bank's history.
Around January 7, 2016, the Defendant continued to receive KRW 10 million from the victim on the ground that “In order to receive all documents from the bank, and continue to proceed well as the plan, the amount of KRW 10 million is more necessary in order to achieve friendship with the person in charge.” The Defendant received money from the victim on January 7, 2016.
Since then, around January 14, 2016, the Defendant concluded that “Around January 14, 2016, the Defendant received KRW 10 million from the victim to the said account on January 14, 2016, stating that “The expenses incurred in obtaining a loan prior to the establishment of a new record need to be added to KRW 10 million.”
After all, the defendant deceivings the victim as above, and 40 million won in sum was acquired from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, witness L, and witness M;
1. Part concerning the defendant's statement D and M among the protocol of interrogation of suspect.