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 June 5, 2007, the Defendant stated to the effect that “D” in the mutual restaurant of “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, the victim E is “a relative is in charge of handling 10,000 won or more of the former Bank of Korea notes from the Cheongdae-gu Office to the Cheongdae-gu Office, and the expenses are necessary. The Defendant may pay a large amount of profits for the day. Accordingly, the Defendant would return 50,000 won or more after the opening of the meeting, if the Defendant lent 30,000 won or more as the expenses.”

However, there was no relationship between the defendant and the defendant, and even if the defendant borrowed 30 million won from the victim, there was no intention or ability to return the profits within a short period of time.

Nevertheless, the defendant deceivings the victim as above and acquired a cashier's check (one bank F) with a face value of 10 million won and 20 million won (one bank G) from the victim and acquired a cashier's check with a face value of 10 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Certificates of custody;

1. Application of Acts and subordinate statutes on cashier's checks;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act;