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 this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was in default of taxes due to the burden of collateral obligation equivalent to KRW 723 million, which represents the appraisal value of real estate located in the Nam-gu Seoul metropolitan area, and the Defendant had been running the “D” street store operated by himself. Although the Defendant was in a state of being used as operating expenses equivalent to KRW 300 million in the established capital, it was extremely difficult to implement real estate business in the state of insufficient capital due to the lack of capital, such as establishing a branch office in the Myanmar-gu (State) on February 2012, the Defendant did not have any intent or ability to complete payment even if she borrowed money from others.

Nevertheless, on June 30, 2012, the Defendant made a false statement to the victim F (hereinafter referred to as “Franchise, 41 years of age) at the mutual infinite shop near the Handong-gu, Gwangju, Seo-gu, 2012, stating that “Infinites are doing business in Myanmar, the amount of money would be KRW 50 million, and the money would be repaid by September 30, 2012.”

Around June 25, 2012, the Defendant received KRW 20 million from the victim with the cashier’s checks of the Gwangju Bank at the same coffee shop, and around August 1, 2012, the Defendant received KRW 10 million in total from the Defendant to the agricultural bank passbook in the name of his father G, and received KRW 30 million in total from the Defendant as the borrowed money.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police officer on F;

1. Each report on investigation;

1. A copy of corporate register or business registration certificate;

1. Application of the Acts and subordinate statutes to the copy of the certificate of borrowing and the remittance sheet;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is the deception by fraud of KRW 30 million from the victim in light of the contents of the said deception.