A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 26, 2007, the Defendant made a false statement to the effect that “D” office located in Gangnam-gu Seoul, Seoul, issued by the F representative G to the victim E and endorsed by the Defendant, the Defendant offered as security one sheet of KRW 150 million per unit of one bank and one sheet of KRW 1330 million per face value of one promissory note (bill number: H) and one sheet of KRW 150 million per face value of one bank (bill number). If the Defendant borrowed KRW 150 million, the Defendant would have the above check and note to be repaid on the date of settlement, and if the check and note are not repaid on the date of settlement, it would be sufficient to present the above check and note to the bank.”

However, the Defendant did not have the intent or ability to repay the money borrowed from the victim within one month, and the check and bill issued by the said G was borrowed from the Defendant to settle the bills borrowed from G before that month, and there was no possibility of settlement on that settlement date.

Nevertheless, the Defendant, by deceiving the victim as such, received 140,500,000 won from the victim to the national bank account under the name of the Defendant, excluding the prior interest of KRW 7,500,000,000,000,000 from the victim as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Evidence: Each legal statement of E, G, and I;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Each police statement concerning E, I, and G;

1. Data on loan certificates, certificates of shares per unit, promissory notes, and occasional entry and withdrawal statements (Evidence Nos. 2) and the details of transactions with national banks;

1. As the Defendant and the defense counsel did not talk with the victim as stated in the facts constituting a crime, the Defendant asked the victim to discount the bill at the request of G, and paid all KRW 135 million to G, excluding the discounted cost to be paid in addition to the money received from the victim, the Defendant and the defense counsel will have the criminal intent to commit deception and defraudation.