A defendant shall be punished by imprisonment for six months.

Defendant shall pay 40,000,000 won to the applicant jointly and severally with D (E).

Punishment of the crime

The Defendant, in collusion with D on December 25, 2013, in G coffee shop located in Gwanak-gu in Seoul Special Metropolitan City, in collusion with D, may receive the underground funds from the victim C only a certain portion of the amount of money cultivated, if the Defendant takes a person with funds worth KRW 3 billion in order to train enormous funds underground in the government.

In relation to the above project, the capital share that can be invested more than KRW 3 billion was excluded, and the said capital share was 40,000,000 won if the said capital share was able to move, and D said victim stated that “A is able to believe that it would be able to make a reliance, and made an investment. If it is erroneous that the said amount of money was included, it would be paid in.”

However, the defendant and D did not have any substance, and did not have any out-of-the-counter funds that can invest 3 billion won in the underground financing training project, and even if the defendant and D were to receive money from the victim, they did not think that they will be used for personal purposes, such as repayment of the defendant and D's obligation, and did not have any idea to invest in the project, and there was no intention or ability to pay the money transferred from the victim due to the lack of assets under the name of the defendant and D.

Nevertheless, the Defendant and D, as seen above, received the victim’s false statement from the victim to the Agricultural Cooperative account in the name of H designated by the Defendant and D, KRW 10 million, and KRW 30 million from January 6, 2014 to the Agricultural Cooperative account in the name designated by the Defendant and D around January 6, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the second public trial records;

1. Each prosecutor's examination protocol against the defendant or D (including the part concerning C and H replacement);

1. A protocol concerning the interrogation of suspect of H by the prosecution (including part concerning the C confrontation);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission ofH data);

1. Article 347 of the Criminal Act applicable to the crime and Articles 347 (1) and 30 of the Criminal Act (Punishment of imprisonment);