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 of the final judgment.

Punishment of the crime

On September 2007, the Defendant provided one promissory note issued by G as collateral at the E office operated by the victim C in Daegu Suwon-gu, 2007, with a false statement to the effect that “I wish to enter into a soup contract within the Dongdae-gu, and I wish to lend money to the victim through F that I would know the victim well.”

However, at the time of fact, the above Corporation did not have ordered, and the bill was not likely to be settled because the defendant borrowed the bill temporarily from another person for financing purpose, and the defendant did not have any specific property or income and did not have any intent or ability to repay the bill even if the defendant borrowed the above money.

Around September 21, 2007, the Defendant received KRW 6 million from the victim to the national bank account in the name of the Defendant’s living woman H, and KRW 12 million from the following day, respectively.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Article 62 (1) of the Criminal Act (the following factors considered favorable to the accused among the reasons for sentencing);

1. Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence (the applicant for compensation order sought compensation of KRW 18,000,000 among them on March 18, 2013, it can be recognized that he/she was paid KRW 8,00,000 among them. As such, only 10,000 is recognized, and a provisional execution is not attached if he/she agreed to make a installment payment with the victim on the above KRW 10,00,000, as a result of an agreement with the victim on the installment payment with the victim on the above KRW 10,000,000, the sentence of provisional execution is recommended for one month or one year (the area of mitigation of fraud below KRW 100,000) (the recognition of a person who was subject to special mitigation). The Defendant agreed to partially defraud the victim and conditionally by the victim