A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 209, when the Defendant lends the capital to a certified judicial scrivener who became aware of in the order of request for registration related to the establishment of a juristic person with C and a person without a name (name D) and requested the registration affairs related to the establishment of a juristic person in order to establish a juristic person, the Defendant, as the representative director, by deceiving the Defendant to immediately repay the money after the incorporation of the juristic person, received the money borrowed from the Defendant’s account under the name of the Defendant, and then delivered the bank passbook, corporate seal impression, physical card, etc. to the creditor and conspired to withdraw the said money by receiving the re

Accordingly, on May 11, 2009, the Defendant made a false statement to the effect that “The Defendant would use 100,000 won as the cost of the establishment of a corporation and pay 1.8 million won as the principal and interest for the establishment of a corporation if he/she borrowed 100,000 won as capital in order to establish an I corporation, a representative director, in order to establish the I corporation as the capital, from the F Certified Judicial Scriveners Office located in Seongdong-gu Seoul, by introducing the Head of Gu as a certified judicial scrivener G.

However, the defendant did not have any particular property and did not have any intention or ability to repay the above borrowed money by establishing the corporation normally, only he thought that it would immediately withdraw and use the borrowed money from the account in the name of the above corporation.

As such, the Defendant, in collusion with C or a person without name (one name D), by deceiving the victim, and received KRW 100 million from the victim on May 13, 2009, from the national bank account (Account Number J) in the name of the Defendant A (Defendant I).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to H and G;

1. Application of the details of passbooks to each agricultural cooperative, details of the Saemaul Treasury passbooks, receipts, copies of passbooks to national banks, corporate seal cards, and replies to requests for financial transaction information;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Criminal records of the same kind of sentencing in Article 62(1) of the Criminal Act are the suspended sentence.