A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 23, 2009, the Defendant stated that “A victim C (the age of 45) is doing tinsan development works on the land outside D and 3 lots of land in the Gimpo-dong, Geumcheon-gu, Geumcheon-gu, Seoul. The Defendant borrowed money for the permission of the Cultural Heritage Administration, which requires the permission, and the money will be repaid up to October 15, 200.”

However, at the time, the defendant did not intend to follow the procedure for permission of the Cultural Heritage Administration in relation to the development of tinsan, and did not have the ability to repay the money by the date of the promise.

The Defendant, as seen above, made a false statement to the victim, and immediately from the victim, obtained 100 million won cashier’s checks and 50 million won cashier’s checks from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation reports (E hearing statements);

1. Application of Acts and subordinate statutes to investigation reports (F hearing statements) and investigation reports (G hearing statements);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of types of punishment), fraudulent crimes, types 2 (not less than 100 million and less than 500 million won) from among the general frauds (special persons) and not subject to punishment (the scope of recommending punishment) shall be punished for not less than 10 months but not more than 2

2. Determination of sentence: One year of imprisonment, two years of suspended execution, and two years of fraud, but the amount of punishment shall be determined as the order, considering the fact that the defendant actually recovers the damage of the victim and thereby the victim wants to find the wife of the defendant, the defendant recognizes and reflects the crime, the health of the defendant is not good after the surgery is performed, and other various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, and environment, are considered.