A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is operating a secondhand shop with the trade name of C in the eternic City.

The taxes of approximately KRW 250,00,000 on September 16, 201 were in arrears, and the above taxes were voluntarily closed by the tax office, and the personal debts amounting to KRW 10,000,000,00, there was no intention or ability to complete payment even if they borrowed money from others.

Nevertheless, on June 2012, the Defendant made a false statement to the victim D, stating, “I will complete payment after one month from the loan of money,” at a cafeteria near the opening station of Guro-gu Seoul Metropolitan Government, and “I will complete the business related to the scrap metal. I will complete the payment of money.”

On July 5, 2012, the Defendant acquired 35,00,000 won in the corporate bank account (E) with the Defendant’s name on July 1, 2012, KRW 15,000,000 on July 15, 2012, KRW 16,000 on August 16, 2012, KRW 6,000,000 on August 17, 2012, and KRW 70,000 on a total of four occasions.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposit, notarial deed and receipt;

1. The crime committed during the period of suspended sentence under Article 347(1) of the Criminal Act and Article 347(1) of the Act on the Selection of Criminal Crimes (or Article 347(1) of the Criminal Code (or, however, the period of suspended sentence has been exceeded since the defendant was unable to appear on the date of sentencing because his/her whereabouts are unknown), the victim's damage has not been recovered, the victim was humping the penalty against the defendant, and all other circumstances, shall be determined according to the sentencing criteria