A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 15, 2012, the Defendant made a false statement to the victim C, stating that “I would lend KRW 100 million to the victim C, if I want to use it, only one month, if I would lend it. I would like to sell the storage in E in the city owned by the company (State) D, and the market price is equivalent to KRW 1 billion, and the sale price is equal to KRW 1 billion.”

However, in fact, the Defendant’s debt and personal debt to financial institutions, such as Han Bank and the National Bank, up to 2.5 billion won, sold the above storage amount equivalent to the actual value of 6.3 million won, the sales price was anticipated to be seized in full, and there was no other assets or income available for disposal, and there was no ability or intent to repay even if the Defendant borrowed money from the victim.

around July 16, 2012, the Defendant, from the victim, at KRW 90,00,00 from the account in the name of the Defendant, to the account in the name of Han Bank (F).

7. Around 17.Around the same account, the defrauded acquired 10,000 won in total and 100,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on investigation (Submission of data on details of debts of individuals and companies of suspects);

1. Application of Acts and subordinate statutes on transfers, a certified copy of each certified transcript of register, and account transactions;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) shall be limited to 10 million won or more for general fraud, and less than 500 million won (type 2) for mitigation factors: In cases where punishment is not granted or significant damage has been recovered (the area of recommendation and the scope of recommended punishment), mitigation area, one year or four years of imprisonment;

3. Grounds for probation [main reasons for probation] positive: where the scale of substantial damage is considerably small, or where significant damage is recovered (general reasons for writing): the positive social relation is clear and serious.