A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 10, 2010, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud, etc. at the Daejeon District Court, and on August 26, 2010, the said judgment became final and conclusive.

The Defendant had friendship with D who run a licensed real estate agent office due to the relationship of real estate leasing business, and based on these friendships, borrowed cash of KRW 10 million from D on December 6, 2006, and KRW 30 million on December 22, 2006.

Since then, the Defendant decided to enter into an investment contract with the 11st household of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, which was ordered by Geumsung Co., Ltd. on January 4, 2007, to jointly invest 100 million won with D, respectively. However, although the Defendant requested D to pay KRW 200 million for the above 11st household's commercial goods, it was decided that the Defendant borrowed KRW 100 million from D, but instead, the Defendant borrowed KRW 100 million from D, and then transferred KRW 100 million in cash from D, 100,000,000,000,000,000 won in cash, and 100,000,000,000 won in cash.

Upon D’s request, the Defendant is to prepare a cash custody certificate for the above loan worth KRW 150 million, and on January 6, 2007, the Defendant entered the name, resident number, address, and seal in the column of the custodian of cash custody certificate drawn up by the above D at the Seo-gu Busan Real Estate Office, Seo-gu, Daejeon. On January 8, 2007, the Defendant set up a collateral mortgage for the above loan loan worth KRW 109,000,000,000 as the secured claim, and set the maturity on April 25, 2007.

The defendant did not receive KRW 150 million at the time of payment. D above is against the defendant.