A defendant shall be punished by imprisonment for seven 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

【The Defendant’s husband’s husband, around January 25, 2013, borrowed KRW 50 million to the victim D, and was detained in the court on April 28, 2015, after being sentenced to imprisonment with prison labor for one year on April 28, 2015, for the violation of the Illegal Check Control Act due to the default of the check, with three pages of the check amount of KRW 310 million per face value (the check number: E, gold KRW 110 million per face value, check number: F. KRW 100 million per face value, check number: G. 100 million per face value).

In order to submit favorable sentencing data in the above C’s appellate trial, the Defendant had tried to pay only a part of the borrowed money to the victim and to recover the unpaid checks as soon as the remaining money will be repaid immediately.

【The Defendant, on July 22, 2015, concluded that “The Defendant would preferentially repay KRW 5 million out of KRW 50 million borrowed by her husband C, and that “The Defendant would return three copies of the check for the account that C joined the said KRW 50 million as a collateral on August 31, 2015.”

However, as above, the Defendant did not have the intent to pay KRW 45 million until August 31, 2015 because there was no special property or regular income at the time. The Defendant did not have the capacity to pay KRW 45 million.

Accordingly, the Defendant, by deceiving the victim as such, received three copies of the check from the injured party, and acquired the collateral value of the check with the amount of KRW 45 million (45 million).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol of examination of the suspect against each of the defendant by the prosecutor's offices and the police (including each part of the examination of the suspect against D and H);

1. Each police statement made with respect to D, C, and H;

1. A complaint;