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 February 28, 2008, the Defendant: F, the representative director of C, D, E, and “H” house located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-gu, with the victim J, who is the representative director of the IF, would purchase old interest, and then would have been remitted the above money to the victim for the purchase cost of old interest and would have been stolen; D would have been divided into KRW 100,000,000,000,000 for each of KRW 30,000,000.

F said, on March 3, 2008, that “F would purchase twenty-five tons at the face of the transfer of KRW 190 million to the victim,” according to C’s instruction.

However, even if the F receives money from the victim, the F did not have any intention or ability to purchase the interest from the victim.

F around 10:30 on March 4, 2008, at the independent branch of a national bank located in Seodaemun-gu Seoul Metropolitan Government, withdrawal in cash of KRW 100 million out of KRW 190,000,000,000, which was transferred from the victim to the national bank account in the name of E company, and around 11:00 on the same day, withdrawal in cash of KRW 84,50,000 out of the remainder of KRW 90,000,000 from the south-dong branch of the national bank located in Yongsan-gu Seoul Metropolitan Government, and the defendant escaped from the bank outside of the bank.

Accordingly, the Defendant, in collusion with C, D, and F, by deceiving the victim as above, received KRW 190 million for the purchase cost of old interest from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of police statement to J or K;

1. Application of Acts and subordinate statutes to a copy of a passbook-(s)E, investigation report (including attachment of a written judgment and judgment);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the amount of damage caused by the instant crime is large, and the damage is not repaid.