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

Punishment of the crime

Around July 31, 2009, the Defendant issued a letter of payment guarantee issued by E to the victim a letter of payment guarantee of E Co., Ltd. to the victim, stating as follows: “The Defendant, at the coffee shop located in Gangnam-gu Seoul, shall import and sell food in which the price of goods is settled, would pay the principal and profit (12% of the principal) after the month when he imported and sold the food in which the price of goods is settled; and the Defendant issued a payment guarantee certificate from the capital company as security to receive 100 million won for the investment money, so that it would be able to receive 10 million won.”

However, in fact, the Defendant did not have a situation where the principal and agreed earnings can be determined by the victim, and E, a corporation that issued the said payment guarantee certificate, was not a guarantee company normally registered with the financial authority as well as the financial authority. The “F, Gyeongnam-gun F,” which was written as security in the payment guarantee certificate, was not owned by the Defendant, and the officially announced value was merely 17 million won and thus did not definitely guarantee the victim’s claim.

The defendant is against the victim of the same damage.

8. Around 17.17.30,000,000 won, around 20.20,000 won, around 10,000,000 won on the same month, around 27.28,90,000 won on the same month, around 28.28,000 won on the same month, and upon deposit of KRW 9,100,000 on the basis of the price of goods on the 31st of the same month, it received total of KRW 80,00,000 on five occasions, and acquired them.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutor's protocol of suspect examination of the accused (including substitute part);

1. Each prosecutor's protocol of statement concerning H and I;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a complaint, statement of payment, each transfer certificate, each detailed statement of transactions, payment guarantee, and certified copy of a register;

1. The accused, for reasons of sentencing under Article 347(1) of the Criminal Act, shall have the ability to guarantee the guaranteed enterprise of the instant case.