A defendant shall be punished by imprisonment for one year.

The defendant shall pay 75,00,000 won to the applicant for compensation. The above compensation order shall be issued.

Punishment of the crime

The defendant is a person who is engaged in manufacturing business, such as E, with the trade name of E from the Chungcheongbuk-gun D.

On May 7, 2008, the Defendant borrowed from the above E office “80 million won” to the victim C before receiving the delivery amount.

2. The Plaintiff stated that he will complete the payment with KRW 90 million.

However, in fact, from June 2004 to November 2006, the Defendant was unable to use a total of KRW 90 million on three occasions from around 2004 to around 2006, and there was a serious financial crisis in the above business to lend money to another person to pay the price of the household check issued by the Defendant in order to pay the price for the supply of goods. Meanwhile, since the Defendant’s real estate was established a security right and was not sold for a few years, it was not capable of changing money from the damaged person.

Nevertheless, the Defendant was transferred KRW 75 million as the borrowed money from the injured party by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, each loan certificate, process deed, transaction details, and details of passbook transactions;

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

1. Articles 25(1)1, 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (excluding the remainder of the application for compensation, other than the fraud money, because it is difficult to deem that the remainder of the application for compensation, other than the fraud money, falls under direct damage due to

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits with Sentence of Provisional Execution;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100,00) shall be the aggravated area (one year to two years) (the person who has been specially increased).