A person shall be punished by imprisonment with prison labor for not less than six months, and by imprisonment with prison labor for not less than one year and six months.

Punishment of the crime

The Defendant, at the Suwon District Court on January 18, 2012, was sentenced to two years of imprisonment with prison labor for 8 months for fraud, and the judgment on October 5, 2012 became final and conclusive, and on January 27, 2016, the Defendant was sentenced to one year of suspended execution for 4 months for embezzlement at the Suwon District Court on January 27, 2016. The judgment became final and conclusive on February 4, 2016.

The defendant was a person who operated D Co., Ltd. established for the purpose of real estate development, etc. in Osan-si.

1. On August 6, 2012, the Defendant charged the victim G with the amount of KRW 150 million, including the interest, etc. that was paid for KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won, which was actually received by the Defendant from the Defendant, around August 6, 2012. According to the records, it is recognized that the Defendant actually remitted the amount of KRW 125,00,00 to the Defendant. However, the Defendant is recognized that the Defendant returned KRW 50,00,00,00,000 to the Defendant and actually acquired the amount of KRW 75,500,00,000,00,000,000,000, which was actually received by the Defendant from the police officers.

The amount of KRW 50 million, which he sent, was refunded to KRW 125 million.

The defendant made a statement that corresponds to the defendant's appeal (in 309 pages of investigation record).

Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize that the amount acquired by the defendant exceeds the above KRW 75 million and reaches KRW 125 million, and there is no other evidence to recognize it.

In the end, the facts charged in this case, in which the amount acquired by the defendant is KRW 125 million, shall be judged not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act, because there is no proof of crime.