A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, KRW 96 million was committed against B.

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

"2018 Gohap817"

1. On November 1, 2015, the Defendant: (a) lent KRW 1 billion to the representative director C at the mutual coffee shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu (hereinafter “B”); (b) but (c) was refunded KRW 1 billion to the victim E, who was refunded one billion to the D hotel without the permission of the club; and (d) paid the amount as the deposit for the club from the D hotel, the ownership of KRW 1 billion in the holding that the said amount was returned to the D hotel thereafter is owned by E.

Therefore, it is reasonable to view the victim as E as the victim of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

The written indictment contains “victim B,” but there is no difference in basic facts, thereby impairing the identity of the facts charged without impairing the identity of the Defendant, and the Defendant continues to be the victim in this Court until this Court (see, e.g., Supreme Court Decision 10 to 11, Oct. 15, 2018). As such, the Defendant’s defense counsel’s written opinion on October 15, 2018) did not put a substantial disadvantage to the Defendant’s exercise of the Defendant’s defense right, the Defendant should be found guilty

(See Supreme Court Decision 2001Do6876 Decided August 23, 2002, and Supreme Court Decision 2013Do564 Decided June 19, 2017, etc.). The term “a loan of KRW 1 billion to be returned from a D hotel because of the right of retention on purchased fireproof land is required,” and the loan of KRW 20 billion is deemed to have been repaid without compensation, if it is 20 days from the loan of money.”

The victim E is the same month.

7. It receives a refund of the deposit of 1 billion won in the D Hotel club deposit that had been leased to C in the United States by international telephone from the office in Gangnam-gu Seoul, Seoul, for the purpose of international telephone.