A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant borrowed 200,000 Chinese money from D around November 19, 2005, while operating the clothing company of the trade name "C" in Gyeyang-si in China, but he was unable to repay the amount to D on or around December 6, 2006, and even if he borrowed money from another person under the pretext of investment, he did not have any intention or ability to use it as business funds or to repay the investment profits or the principal.

Nevertheless, around December 18, 2006, the defendant received the above proposal from the victim F in the family of the victim F in the 24th E-24th floor in Seocho-gu, Hongyang-gu, China, that "on the face of 200,000 won above, the defendant would pay the victim the above proposal 70,000 won per month with profits, and shall also repay the investment principal until May 5, 2007," and the defendant received the above proposal from the victim around December 26, 2006, around December 28, 2006, and continuously received the above proposal from the victim around December 28, 2006, and on January 2, 2007, "on the face of the money to purchase raw materials, if the defendant lent the above proposal 20,000 won to the victim, the defendant would complete the payment by December 11, 207."

Accordingly, the Defendant, by deceiving the victim, received property equivalent to 220,000 won in total (26,401,100 won in Korea converted at the exchange rate at the time).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Part of the third police interrogation protocol against the accused;

1. The police statement concerning F;

1. Joint letters, each certificate of borrowing, a transfer contract, and a certificate of borrowing submitted by the complainant;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records, 78 pages, 196 pages);

1. The pertinent provision of criminal facts and Article 347(1) of the Criminal Act (Fraud and the choice of imprisonment) of the Criminal Act regarding the amount of damage in the instant case and the Defendant failed to repay the damage to the victim, and the victim is punished.