A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On March 28, 2014, the Defendant stated that “A hotel shall be repaid back to Korea after one month if he/she lends 60,000 bills (the amount equivalent to KRW 11,00,000) to the victim D, because he/she had no hotel expenses.”

However, in fact, the Defendant did not have any property owned at that time and did not work well, and there was no certain income, and there was no obligation to pay 150 million won in financial rights, etc., and even if he borrowed money from the victim, there was no intention or ability to pay it.

The Defendant received 60,000 bills from the victim in cash around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. E prosecutorial statement;

1. Statement F in the third protocol of suspect examination of the accused against the accused;

1. A complaint;

1. Application of Acts and subordinate statutes on the loan certificate;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Act on the Punishment of Criminal Crimes is that the Defendant committed a fraudulent act of borrowing money, which amounts to a sum of 11 million won or more, against Chinese nationals in China, with the money of the Republic of Korea, not to mention the nature of such crime.

In addition, considering the fact that the victim did not agree with the victim as well as the failure to recover damage, and that the defendant continues to be responsible and intends to evade the responsibility or transfer the responsibility to G despite the objective evidence such as the loan certificate, it is necessary to impose imprisonment by selecting a corresponding punishment.

However, the defendant's defamation fine of 2010 shall be considered as a favorable situation, such as the fact that he/she has no criminal record, in addition to one time.

In this regard, the application of the sentencing guidelines for the same kind of case as that of the prosecutor (six months of imprisonment) and the range of recommended sentences for the sentencing guidelines (one year and six months of imprisonment - one year and six months) shall be the type of general fraud (one hundred million won or less).