A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around September 4, 2007, the Defendant presented 1 copy of the number of shares (G and face value 55 million won) in the coffee shop in Seocho-gu Seoul, Seoul, through E, at the coffee shop, to the victim F through the public prosecution, and falsely stated that “If the Defendant lends KRW 40 million to the Defendant, the Defendant would collect the check of repayment of money without fail on December 7, 2007, which is the payment date.”

However, in fact, the Defendant issued a bill of KRW 800 million to the supplier at the time to pay the price of the goods, and issued the said bill with a kind of financing bill without any actual transaction in order to prevent the said bill, and the above KRW 800 million bill and the current number of shares issued by the Defendant at that time were fully defaulted. Since the Defendant had been liable to pay KRW 500,000,000 including bonds and taxes at the time, there was no intention or ability to recover the bill even if he borrowed money from the victim.

Nevertheless, on September 4, 2007, the Defendant received KRW 40 million from the victim to the account in the name of the wife and the wife of the Defendant and the above E.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the check of number of units;

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. Persons who are not subject to special mitigation in the mitigation area (one month to one year) of category 1 (less than 100 million won) shall be subject to the scope of recommendation types on the sentencing criteria; and

2. The records and records of this case, such as the defendant's age, character and conduct, and circumstances after the crime, etc., are as follows: (a) the defendant has no criminal records of the same kind and suspension of execution or more; (b) the defendant does not want the punishment of the defendant by mutual consent with the victim.