A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 February 24, 2013, the Defendant: (a) at any head office in front of Dongdu City B around 19:00 on February 24, 2013, the Defendant was issued seven cashier’s checks of KRW 10 million at the certified judicial scrivener office in Dongcheon-si, and issued to D, an elementary school and middle school, “The land E may be developed and punished as the site for electric source. Development costs may vary to KRW 70,000,000; (b) the Defendant borrowed money from the development costs, and (c) separately borrowed money from the development costs, and (d) the Defendant was issued seven copies of the cashier’s checks of KRW 10,000 at the certified judicial scrivener office in Dongcheon-si.

However, at the time of fact, the Defendant did not have the ability to cope with the above business because of bad credit standing, and eventually, the above site for electric source housing was put up to auction, and the Defendant intended to repay the money borrowed from the victim to the existing creditors.

Accordingly, the defendant deceivings the victim and defrauds the above 70 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of witness D;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Application of Acts and subordinate statutes to a copy of a loan certificate ( February 27, 2013), a seven copy of a cashier's check, or a copy of a payment contract ( February 27, 2013).

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

1. Article 62 (1) of the Criminal Act;

1. According to the evidence of the judgment on the criminal intent to acquire the Defendant’s deception under Article 62-2 of the Social Service Order Criminal Act, the Defendant, while planning the development project for the electric source housing site, may recognize the fact that the Defendant was forcibly engaged in the said project without any systematic project plan, in addition to the vague concept that most of the funds necessary for the purchase of the project site

In addition, the defendant did not notify the victim D of such financial status even if the defendant was in an economically difficult situation as stated in its reasoning at the time of borrowing.