A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On June 26, 2014, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for attempted fraud, etc. at the Suwon District Court, and the judgment became final and conclusive on July 4, 2014.

【Criminal Facts】

On August 2, 2011, the Defendant: (a) around August 2, 2011, at D, a notary public located in 309 of the Seoul CA building; (b) to the victim E, the Defendant: “Around August 2, 2011, there is a claim of KRW 350,000,000,000, which is to be received from B and B, and the amount equivalent to KRW 175,000,000,000,000,000,000, out of which is to be collected, the Defendant would be deemed to have been able to use KRW 15,00,000,000,000 among them; (c) the litigation costs are necessary to collect KRW 175,00,000,000,000,000,000,000, which was to have been paid after the collection; and (d) made a false promissory note to the effect.”

However, in fact, the Defendant did not have any claim against G at the time, and the Defendant did not have any intention or ability to collect KRW 175 million, which was notified to the victim, and thus did not have any intention or ability to pay KRW 15 million to the victim.

The Defendant, as such, by deceiving the victim, received a copy of a promissory note amounting to KRW 60 million from the victim at the same place on the same day.

Summary of Evidence

1. Part of each prosecutor's protocol of examination of the accused

1. Part of the police interrogation protocol of the defendant

1. Each prosecutor's statement concerning E and H;

1. Certificates of transfer and takeover of bonds and promissory notes;

1. Copy of the judgment;

1. Criminal records as stated in the judgment: Application of the Act and subordinate statutes to criminal records and investigation reports (Attachment to relevant judgments);

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

1. The reason for sentencing the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is that the victim suffered from the crime of this case.