A defendant shall be punished by imprisonment for not less than eight 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 August 24, 2006, the Defendant, at the victim E’s house located in Gangnam-gu Seoul Metropolitan Government, told the victim that “I know that I would have come to know whether I will be admitted as donations. I would like to know whether I will be admitted as donations.” On August 24, 2006, the Defendant told the victim that “I will deliver KRW 50 million as donations to the school side of the State.”

However, in fact, the defendant did not have an assistant principal, a man, or a man with whom he knows in F School, and even if he received money from the victim, he did not have an intention or ability to use it for his personal purpose, as a donation.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim on August 24, 2006 under the pretext of the F School Contribution.

Summary of Evidence

1. Application of Acts and subordinate statutes on the details of transactions (investigative records 94 pages) of witness E with some of the defendants' statutory statements;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The non-guilty portion of Article 62-2 of the Criminal Act;

1. On June 22, 2006, the Defendant stated in the charge that “If there is no amount of KRW 30 million in operating a business, the Defendant would pay KRW 30 million monthly interest on the part of the victim E in a restaurant near Songpa-gu Seoul, and if there is no amount of KRW 30,000,000,000, it would be repaid until October 31, 2006.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the delivery of KRW 20 million on June 22, 2006 and KRW 10 million on July 28, 2006.

2. The following circumstances acknowledged based on the evidence investigated by the court of this case, namely, ① the victim’s financial situation is difficult at the time of granting money to the Defendant, stating that “the Defendant borrowed money on the same day as the Defendant was insolvent.”