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 becomes final and conclusive.

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to a suspended sentence of three years at the Seoul Central District Court on one year and six months for fraud, and that judgment became final and conclusive on the 12th of the same month.

On September 2, 2008, the Defendant issued a receipt by treating the amount of KRW 150 million on the Foundation’s face to a school juristic person, by treating it as a donation scholarship, at the E office operated by the representative director F of the victim E Co., Ltd., Ltd., which is located in Suwon-si D, the Defendant stated, “F would be offered to the head of G Dong Chang-gu, Seoul Special Metropolitan City I building to be offered a bid of KRW 104,000,000,000 from the Foundation’s side to the school juristic person.”

However, even if the defendant receives money from the victim for the purpose of street funds, the defendant did not have the intention or ability to receive a successful bid of 104 units of the above building against H educational foundation, not the president of G Dong Chang-gu, and there was no particular property at the time, and there was no other property, and there was no intention or ability to return the street funds to the victim in the event of a commercial bidding because the factory of the feed additives operated by the defendant was in default or auction, and the hospital expenses for the defendant's wife were required monthly.

On September 2, 2008, the Defendant, by deceiving the victim, received from the victim a transfer of KRW 50 million to one bank account in the name of the Defendant on September 2, 2008, and KRW 150 million on September 8, 2008, in total, KRW 100 million from September 10, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A president of the F;

1. Statement to J;

1. Current status of the number or accommodation of each individual;

1. Application of Acts and subordinate statutes to investigation reports (applicable to suspect A's written rulings and non-prosecution bindings);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, the scale of damage, the agreement with the victim, and the crime committed.