A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, while holding office as the director of the regional headquarters of the Korea Parking Association C, who is an incorporated association, around October 17, 201, has been managing the public parking lot in the area D at the D D D's D', which he is managing the public parking lot in the area D. In order to employ 25 million won as the employee of the above Association C Headquarters, and secure the individual parking lot facility within one year.

The phrase “assumed.”

However, in fact, the defendant did not manage a public parking lot in C and experienced financial difficulties so that he/she should move his/her office several times, and even if he/she did not receive money from the victim for securing the parking lot site, he/she did not have an intention or ability to secure the parking lot facilities for E.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Cbank account under the name of the Defendant on the same day, and received KRW 25 million from the victim on the same account on the 25th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. The prosecutor's statement concerning the F;

1. Statement made to D by the police;

1. E statements;

1. Application of the Acts and subordinate statutes on the entry into and departure from agreements;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. As to the Defendant’s assertion under Article 62(1) of the suspended execution Act, the Defendant did not repay the victim D with an investment of KRW 25 million. However, there is no fact that the Defendant did not say that the Defendant managed the public parking lot to the victim. Moreover, the Defendant asserts that the business was not secured by securing public parking lots to E due to the internal circumstances of the head office of the Korea Parking Association, and denies the intent of deception or defraudation.

On the other hand, the evidence duly adopted and examined by this Court, each of the above witnesses' respective legal statements, the agreement (9 pages), and the non-prosecution decision (74 pages).