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

Around June 9, 2009, the Defendant stated that “A victim D in Suwon-si Co., Ltd, working as a fire safety manager, is obliged to pay money with the construction cost received after the completion of the construction if he/she lent money to the victim for the construction of outer walls in Gyeonggi-do, but the cost of labor and material cost is required.”

However, even if the defendant completed the construction work by lending money from the victim and received the construction cost, he/she did not have any intent or ability to pay the victim's money due to the above construction cost because the liabilities related to the construction work, such as labor cost and material cost, are confidential.

As a result, the Defendant received KRW 10 million from the victim to the post office account (F) in the name of the Defendant on the same day, and received KRW 17,30 million from the victim to November 13, 2009 in total from 13 times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of the act is weak and the victim does not want the punishment of the defendant);