A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

【Criminal Force】 On June 6, 2014, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on the 13th day of the same month.

【The Defendant paid interest of KRW 100,000,000 per month if he/she borrowed 100,000,000 to the injured party B at the coffee shop located in Gangnam-gu Seoul, Seoul, and the principal shall be repaid six months after the mutual agreement, but if the repayment date is newly set on a six-month basis, he/she shall be repaid on the fixed date.”

However, in fact, from October 2009, the Defendant had been operating the “D”, which is an imported automobile maintenance business entity, inHanam City, from around May 2010, but continued to operate the Plaintiff from around May 2010, and the site of the above business entity from E was leased and used without compensation under the condition that it is acquired by using equipment necessary for automobile maintenance, and there was no intention or ability to repay the money even if there was no particular property owned by himself.

Around March 22, 2011, the Defendant, by deceiving the victim, was issued KRW 100,000,000 to the cashier’s checks of KRW 100,000,00 in face value at the mutual coffee shop located in the same dong-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the examination of the accused by the prosecution (including the part of May 11, 2018 and the part of the examination of the accused);

1. Protocol of prosecutorial statement concerning B;

1. Borrowing certificate, full certificate of each registered matter (land and aggregate building), investigation report (Attachment to judgments, etc.), register of automobiles, certified copies and abstractss of automobile, credit investigation report, investigation report, investigation report (verification of cases related to the same type of business - written decision not to prosecute and written decision

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;