A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant operated “C” as a synthetic resin wholesale and retail company in Kim Sea-si, Kim Jong-si, and caused a large volume of 10 million won per month. The Defendant had no intention or ability to repay even if he borrowed money from others due to the fact that the amount of national tax in arrears exceeds 50 million won and the amount of national tax in arrears exceeds 30 million won.

1. On July 2013, the Defendant concluded that, “E” coffee shop located in Busan, Busan, the victim F, who was aware of it, “on the end of the end, the purchase fund of synthetic resin is required, the monthly interest shall be paid in 2 million won per month if he/she borrowed 30 million won, and the payment shall be made within six months.”

On August 5, 2013, the Defendant: (a) by deceiving the victim; and (b) issued a 30 million won check to the Defendant at a notarial office located in the Busan-dong, Busan-gu, Busan-do; (c) around August 5, 2013, one copy of the check from the victim.

2. On November 2013, 2013, the Defendant stated in the “E coffee shop” to the Defendant that “on the basis of a sudden need to pay the purchase fund of synthetic resin, and on the ground of a loan of 10 million won, the Defendant would immediately repay the purchase fund of synthetic resin to the trading office, as sold.”

On November 11, 2013, the Defendant: (a) by deceiving the victim as above; and (b) issued a copy of the check to the Plaintiff at the “H coffee shop” located in Busan Busan-gu G, Busan-gu, one million won.

In this respect, the defendant, by deceiving the victim, obtained a sum of 40 million won in the face value and acquired it through the issuance of a check to the victim.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A report on investigation;

1. A complaint, a copy of a loan certificate, and a certificate of custody of a check;

1. Application of the Act and subordinate statutes on personal credit information, written consent for inquiry, written response to information on assessment, and details of account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.