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

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

Punishment of the crime

On August 8, 2017, the Defendant: (a) at the infinite coffee shop near the campus located in the Gyeongbuk University located in the Gyeongbuk-dong located in the Gyeongbuk-dong, the Defendant: (b) the victim C awarded a contract for construction of a pentol construction work from F, a building owner in the Gyeongbuk-gun D and E; and (c) the construction cost was temporarily suspended.

Since F promised that “(the Defendant) will continue construction on the face of the week by ascertaining the fact that the construction capital is secured,” F will complete the loan of KRW 100 million with the construction capital on the face of the State, and will provide KRW 10 million with the principal and interest as the interest.

“.......”

Accordingly, when the victim obtains the consent to show the loan of KRW 30 million to F and re-enter the construction, the victim shall lend the remainder of KRW 70 million, and if the consent is not obtained, the victim shall immediately return KRW 30 million, and the defendant shall do so.

“.......”

However, in fact, since the construction contract between the defendant and F was already reversed and the F did not have any promise to resume the construction as above to the defendant, it was thought that the defendant would not have the ability to pay interest to the victim as a result of the completion of the construction, and even if he borrowed money from the victim, he would be able to consume all for personal purposes such as repayment of debts.

Nevertheless, the Defendant, on September 2, 2017, affixed a seal of KRW 20 million on September 2, 2017 from the injured party.

9.3. Around 10 million won received each remittance to the Agricultural Cooperative Account (G) under the name of the Defendant, and acquired 30 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. A copy of a bankbook, a copy of a certificate of deposit transactions, a copy of a remittance receipt, and the application of statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (a comprehensive selection of imprisonment, with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act