A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 15, 2011, the Defendant concluded a false statement to the effect that “The Defendant would pay the principal and interest over a 100-day period of 100-day period if he/she lends money to another person due to a large number of revenue generated by running a restaurant, and the number of days of discount of promissory notes at the time of operating the restaurant,” at the “Ecafeteria restaurant” operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

However, in fact, the Defendant did not have any property at the time and had the obligation to pay back money to another person at KRW KRW 50 million, and even if the Defendant borrowed money from the victim due to bad financial standing to repay the debt by means of prompt repayment, such as repayment of borrowed money from another person, the Defendant did not have any intention or ability to repay the money at that time.

Nevertheless, the Defendant, as such, received a total of KRW 278,730,000 from June 24, 2010 to October 21, 201, including by deceiving the victim and receiving KRW 6,040,00 from the victim as the borrowed money, as well as from June 24, 2010 to October 21, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution with respect to F;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the details of deposits and withdrawal, and details of deposits transactions;

1. The reason for sentencing of Article 347(1) of the Criminal Act, which covers the pertinent legal provisions and the choice of punishment, has the criminal records of a criminal defendant, who was sentenced to imprisonment with prison labor for a period of two years for fraud around 2002. On July 18, 2012, the Seoul Southern District Court sentenced four years to imprisonment with prison labor for fraud (No. 2012No. 1119) and currently continues in the appellate court (No. 2012No. 2019). The amount of the unpaid damage is KRW 87 million, but not recovered from damage, including criminal records, the defendant's criminal records, including the fact that the victim wanted a serious punishment against the defendant, the motive and background of the instant crime, the details thereof, the degree of damage, and the degree of damage.