A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On July 2013, the Defendant borrowed KRW 50 million from the Defendant’s store located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to the victim D, “The Defendant had no money to change the restaurant to E convenience store due to the operation of the restaurant.” If not, the Defendant borrowed KRW 50 million prior to the loan.

The term “it is not possible to repay KRW 50 million.” The husband stated that he/she shall not pay KRW 100 million with a loan certificate in the name of F, which is KRW 100 million, and that “If he/she lends KRW 50 million to the borrowed money so far, he/she shall pay it as he/she sells the Incheon Gyeyang-gu Housing under the husband’s name.”

However, in the course of operating a restaurant, the Defendant already borne a large number of debts to many people, and was subject to a decision of individual rehabilitation regarding the obligation of financial rights. The loan certificate issued by the husband to the victim due to the husband's ignorance was also prepared without the husband's permission, and there was no intention or ability to pay the money borrowed from the damaged party by disposing of the house under the husband's name.

Nevertheless, the defendant deceivings the victim as such, and causes the same injury to the victim.

8.2. The Defendant was given delivery of KRW 50 million to the Defendant’s corporate bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The basic area (six months to one year and six months) (one year and six months) of the sentencing criteria [the scope of the recommended punishment] general fraud; and

2. The amount of damage is large by forging the loan certificate under the name of the husband who has rendered a sentence of punishment, thereby deceiving 50 million won, and the method of committing the crime is also poor;

However, since 2011, the Defendant traded money with the victim.