A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

C is a person who actually operates the said company as a standing adviser of the E Company which has promoted D Housing Reconstruction Project at Changwon-si, and the defendant is a person who raises funds to promote the said housing reconstruction project together with C.

E was accumulated at least KRW 1.1 billion, national taxes, insurance premiums, and other liabilities of financial institutions. The down payment of KRW 750 million paid by F Co., Ltd. upon entering into a contract to purchase part of the business site was not the ability to raise its own funds for the progress of the business, such as lending the down payment of KRW 750 million paid by F Co., Ltd., at other places, and there was no intention or ability to receive the business financing loan that is premised on the selection of the contractor because it was not possible to select the contractor because the reconstruction association was not established.

Nevertheless, as the defendant and C are scheduled to select a new construction project due to the normal progress of the reconstruction project to the victim G, the defendant and C conspired to borrow money as if they can receive financial loans within three months.

On December 28, 2010, the Defendant and C stated that “E is promoting reconstruction development projects on the land outside Jin-si, Changwon-si, and if this land problem is resolved only within the reconstruction project site, the amount of KRW 69 billion will come out with the PF Fund.” On December 28, 2010, the Defendant and C sent a false business plan stating that “A reconstruction association was established in the victim around December 28, 2010, and that C will take up KRW 400 million within three months if it lends KRW 200 million.”

As a result, the Defendant and C conspired with the victim by deceiving the victim as above and deceiving it from the victim on December 29, 2010, transferred KRW 120 million to the national bank account in the name of K Co., Ltd., which the Defendant had been employed as an auditor as the loan, and KRW 80 million as of January 10, 201.

Summary of Evidence

1. The defendant;