A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

(State)The defendant is the representative director of C, and the victim D is a person who holds office in the State E as the chief.

1. On June 11, 2008, the Defendant stated that the Defendant would immediately repay the amount of PF loans from the bank (a loan system that evaluates the economic feasibility of the business that is not the credit or physical security of the business owner and lends funds to the owner of the company if the Defendant lent KRW 25 million to the owner of the company operating expenses).

However, there was an unstable situation whether the above PF loan can be received by the Defendant, and there was no intent or ability to immediately repay the loan to the victim in an economic state where it is impossible to request new construction of the loan to the victim who is unable to suffer from credit if the loan is not sexually remote.

As above, the Defendant was issued KRW 25 million from the victim on the same day by deceiving the victim.

2. Around July 2008, the Defendant made a false statement to the victim, stating, “The Defendant would receive a loan from the victim on a construction site to pay the cost of KRW 3 million.”

However, the fact was not clear whether the Defendant was entitled to receive the PE loan as stated in the above Paragraph 1, and if the loan is not sexually dead, the victim did not have the intent or ability to pay the cost even if the victim would transplant the trees.

The Defendant, by deceiving the victim as above, did not pay expenses incurred in transplanting pine trees around that time, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A certificate of borrowing;

1. A standard contract for private construction works;

1. Investigation reports (Attachment of a document of remittance);

1. Statement of transactions;