A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 1, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Chuncheon District Court, and the judgment became final and conclusive on December 14, 2011.

On June 10, 2011, the Defendant made a false statement to the victim E prior to the hotel located in Gangnam-gu Seoul Metropolitan Government, stating that “A bank may obtain a payment guarantee letter for KRW 3 billion. If a bank lends a fee of KRW 30 million, it shall be repaid immediately upon receipt of the payment guarantee.”

However, the defendant did not agree to obtain a payment guarantee certificate for KRW 30 billion from the bank, and there was no intention or ability to use KRW 30 million received from the victim as a fee necessary for issuing a payment guarantee certificate.

Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. The police statement concerning G;

1. A previous conviction: Criminal records, investigation reports (in the case of a suspect's fraud judgment, etc.), and accompanying materials (the defendant asserts that the defendant would obtain a payment guarantee certificate through G, and the defendant would also belong to G. However, even according to the defendant's assertion, the defendant was aware that the payment guarantee certificate was not issued normally. Nevertheless, the defendant knew that a payment guarantee certificate was issued in a normal manner to the victim. Nevertheless, the defendant was issued with a payment guarantee certificate in a normal manner. Furthermore, the amount of this case was not used as a fee for issuing a payment guarantee certificate, as well as the considerable portion is used regardless of the issuance of a payment

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

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.