A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person working as the chief executive officer of the law office, and it is a difference between the victim and the victim with the result of the victim D's proxy to file a complaint around 197.

Around December 27, 2011, the Defendant stated to the effect that “When investing KRW 100,000,000 to a construction company in which he knows well, the Defendant may obtain profits from KRW 50,000,000,000 from the victim in a restaurant.” As security, the Defendant concluded a sales contract for an apartment house as a result, and paid KRW 130,000,000,000,000 to December 26, 2012, adding interest to KRW 30,000,000,000,000 to the Plaintiff.”

However, although the Defendant was planning to invest the money borrowed from the victim as above in F, a construction company, which is a construction company run by E, the Defendant’s branch, but the above company was in an unstable state of business prospects, the Defendant did not receive all dividends from the above company since 2008, and did not have any specific property, and thus, the Defendant did not have any intent or ability to conclude a sales contract for one apartment as above with the victim as security and to pay KRW 130 million until December 26, 2012.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some prosecutor's offices and police interrogation protocol of the defendant (including D's statement part);

1. A certificate of deposit or an investment contract;

1. A list of transactions by account;

1. The application of Acts and subordinate statutes to each investigation report (report on hearing the F Representative E phone Statements and hearing the statement in the Gosong-gun Office G in the High Military Office);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be recommended.