A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 26, 2014, the Defendant concluded that “The Defendant would pay KRW 200 million, including interest, from October 1, 2014, to the victim E through D, via Kimpo-si, Kimpo-si, 516 Dong 1502.”

However, in fact, the Defendant was unable to repay the debt of KRW 80,000,000 from the persons who borrowed money from them, and there was no other property, and there was no intention or ability to repay the borrowed money to the victim again with the borrowed money received from the injured party.

Nevertheless, the defendant deceiving the victim as above and was issued one copy of the check (the check number: F) in front of himself/herself through D on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police suspect against the defendant, E, D, or D;

1. Statement made by the police for E;

1. The photograph of the check, the D’s borrowing certificate, and the Defendant’s written statement of execution (the Defendant did not have any criminal intent to obtain by deception);

However, in full view of the above evidence, there was a criminal intent to commit fraud against the defendant.

【The recognition shall be sufficient.】

Application of Statutes

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

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

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the amount shall be not less than 100 million won, and less than 500 million won) of the general fraud; and

1. The criminal liability is heavy in light of the following: (a) the details and the criminal history of the sentence; (b) the method of committing the crime; (c) the degree of damage; (d) the criminal defendant repeated false statements that the criminal defendant would not have been urged to repay after committing the crime; and (d) the criminal records of the criminal defendant caused by fraud.

However, when the injured person was paid the reimbursement, it was submitted to lick up the square gate in that part.