A defendant shall be punished by imprisonment for six months.

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

(e).

Punishment of the crime

[criminal power] On July 23, 2008, the Defendant was sentenced to a suspended sentence of 2 years for fraud at the Seoul Southern District Court on July 23, 2008, and the judgment became final and conclusive on July 31, 2008.

【Criminal Facts】

On May 31, 2007, the Defendant issued to the victim C a certificate of cash custody in the name of the Defendant’s fraud, stating that “The check settlement date issued by the contracting party to purchase drugs is different, but the amount of settlement is insufficient, making up a certificate of cash custody in the name of the fraud, and making the borrowed money immediately repaid,” to the victim C of Gangseo-gu Seoul Metropolitan Government D apartment 104 and 1203.

However, in fact, the Defendant was at least one billion won with the debt of a pharmacy at the time, and the Defendant did not have the intent or ability to repay the money borrowed from the victim because it is difficult to operate the pharmacy due to the impossibility of paying monthly rent of the pharmacy and the monthly salary of the staff of the pharmacy, and the cash custody certificate in the false name was forged at will by the Defendant.

As such, the Defendant, by deceiving the victim as above, acquired 45 million won, excluding the interest accrued in advance, from the victim as the borrowed money, by transfer from the F bank account in the name of foreign exchange bank.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Copy of a cash custody certificate;

1. Previous convictions: Criminal records and investigation reports (Attachment of previous convictions and criminal records) on the defendant's assertion that the defendant is guilty, but as the defendant also denies the criminal intent of defraudation, the criminal intent of defraudation shall be recognized regardless of whether the defendant had the intent to repay the borrowed money at the time, inasmuch as he/she has issued a certificate of cash custody in the forged name and borrowed money from the victim as stated in the ruling.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The Act on Special Cases concerning the Promotion, etc. of Lawsuits;