A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

Since the Defendant had been able to pay the amount of bills already issued by the Defendant with a loan in excess of the obligation or to repay the amount of the obligation, even if he/she had borrowed money from the victim C, he/she did not have the ability to pay the interest and the principal, and the amount of bills provided as security was not sufficient.

1. On July 2012, the Defendant: (a) made a false statement to the victim C at an irregular restaurant in Gwangju (hereinafter referred to as the “Seoul”) stating that “I would lend money to prevent bills; (b) would give two copies of interest; and (c) would allow the issuance of bills; and (d) the Defendant was transferred from the victim to the Gwangju bank account in the name of the Defendant.”

2. On July 26, 2012, the Defendant issued a copy of a promissory note of KRW 112,00,000 to the victim in an irregular restaurant in Gwangju (hereinafter referred to as Gwangju) stating that “The Defendant would lend KRW 100,000,000 to the Plaintiff’s housing for urban life, and if so, pay three additional interest.” The Defendant received KRW 100,000 from the victim to the Gwangju bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on a copy of passbook, promissory note, or loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (Consideration of Sentencing favorable to the following)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment based on the sentencing guidelines: In cases where punishment is not granted or damage has been recovered in a reduced area (ten to a special mitigation) (ten to a person who has been specially mitigated), or in a considerable portion, in the mitigated area (ten to two years and six months), types of general fraud (at least KRW 100 million, but less than KRW 500 million).

3. Determination of sentence: One year of imprisonment, two years of suspended execution, community service, and 80 hours of fraud, and the defendant is the case.