On August 27, 2010, the Defendant told the victim I to the effect that “I will return 30 million won and 10 kilograms of 1 kilograms of 30,000 won after a day if I lent 30,000 won to the president of the J hotel.”

However, the defendant did not have an intention or ability to purchase and return money with money borrowed from the victim, as well as the defendant did not have an intention or ability to do so.

As such, the Defendant, by deceiving the victim, obtained three copies of the KRW 10,00 Check from the victim as the borrowed money in the same place, and acquired it by deceit.

Summary of Evidence

1. Statement made by a witness I in the second protocol of the trial;

1. Statement made by K witness in the third protocol of the trial;

1. Application of each statute;

1. The provision applicable to criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the scope of punishment] and the basic area (6 to 1 year and 6 months) of punishment [the victim] / Where the victim has a considerable responsibility for the occurrence of crime / where the method of punishment is very poor [the decision of sentence] / where the defendant has a history of being punished as a similar crime [the decision of sentence], and where he/she has no fact of being involved in the crime, such as denying the fact that he/she did not take all responsibility to the deceased L, which he/she did not reflect his/her mistake, such as denying the crime that he/she did not take part in the crime, damage recovery is not carried out at all, and the living environment, occupation, age, etc. of the defendant