A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[Criminal Records] On November 25, 201, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to the charge of forging private documents at the Gwangju District Court on November 25, 201, and the above sentence became final and conclusive on December 3 of the same year.

[Criminal facts] On April 24, 2008, the defendant, a notary public in the Dong-gu, Gwangju-gu, has been working for the victim D in the legal office, "the husband has currently worked in a gold-free shop," and the husband agreed to provide joint and several sureties for this obligation.

It stated that if a person lends KRW 40 million, he would make repayment by October 31, 2009.

However, there was no fact that the husband of the defendant had set up joint and several surety for the above loan obligation, and the defendant did not have the ability to repay the loan even if he borrowed money from the injured party, since the defendant was liable for the debt of KRW 70 million at the time.

As such, the Defendant received 40 million won on the same day from the injured party and acquired it by fraud from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A process deed;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (Attachment to the judgement, etc.);

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. The latter part of Article 37 of the Criminal Procedure Act: Provided, however, considering the following facts: (a) the reason for sentencing under Article 39(1) of the Criminal Act is not good in light of the background and method of the instant crime; and (b) at least KRW 40 million, the amount of principal obtained by the injured person does not exceed KRW 24 million and the actual damage to the injured person appears not to have been restored; and (c) the sentence on the accused is inevitable.

However, the fact that the defendant is against the defendant, the punishment that the defendant would have received if he had been tried together with the previous conviction in which the judgment became final and conclusive, and other various sentencing conditions, such as the age, sex behavior, environment, etc. of the defendant.