A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The injured party BB lent KRW 1.7 billion to BC on April 2009, and made a provisional registration of transfer of ownership on the fourth and fifth floor of the Kucheon-gu Seoul Metropolitan Government BD building (hereinafter “instant building”).

When the victim could not recover the borrowed money from BC on December 2011, the victim provided the above BD building as security, and requested E to obtain the borrowed money and recover the borrowed money, and requested E to do so by introducing the paper.

E asked the defendant to receive an appraisal report on the building of this case in order to provide the building of this case as collateral and obtain a loan.

On December 26, 2011, the Defendant stated that “The Defendant would give the victim a written appraisal of at least KRW 3 billion within two weeks at the coffee shop located in the Il-dong Il-dong Il-dong, Il-gu, Il-dong.”

However, it was unclear whether the Defendant would be issued an appraisal report of at least 3 billion won on the instant building without knowledge of the location, area, and officially announced land value of the instant building. The Defendant had no intention or ability to receive an appraisal of at least 3 billion won on the instant building.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the prosecution E and B among the interrogation records of the accused;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;