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

except that 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

Around March 2013, the Defendant borrowed KRW 100 million to the victim E in the “D” coffee shop located in Dongdaemun-gu Seoul, Seoul, to repay the amount of KRW 100 million to the victim E within three months from the commencement of the formal franchise business called “F” in Seoul Sungdong. The Defendant received the monthly franchise fee from the above franchise franchise store, and made a false statement to the effect that the head of the house located in Seoul G would pay the amount of KRW 4 billion in the market price.

However, the facts are: (a) the Defendant had no income; (b) the Defendant had a debt of KRW 70 million; (c) the said G house was owned by only 20,000,000 won; and (d) the said house was set up with the maximum debt amount of KRW 559,00,000,000, and thus, it was not possible to obtain additional loans as security; and (d) the said franchise franchise business was not yet implemented and it was unclear whether it was possible to collect franchise fees by soliciting a franchise store because it was not yet implemented (in fact, the said F franchise franchise franchise franchise store was not kept at one place); and (d) the Defendant did not have any intent or ability to repay the said debt of KRW 100,000 within the repayment period.

The Defendant, as such, by deceiving the victim as such, received from the victim, a copy of a promissory note number H on August 31, 2013, i.e., the due date for payment from August 31, 2013, 100,000, and 23 May 2013, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Each certificate of borrowing;

1. Application of statutes on copies of promissory notes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for the suspended sentence) (the special form of punishment): In a case where a person intentionally commits a deceptive act in dolusent manner, or in a case where the degree of deceptive act is weak, the amount of punishment is not imposed, or the amount of damage has been recovered from considerable part of the punishment (the scope of the recommended punishment) May to June