A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On March 9, 2011, the Defendant: (a) in the U.S.’s operation of Defendant B located in the Dong Government-si on March 9, 201, the Defendant provided a copy of the KRW 10 million check to the victim D, stating that “I would be able to purchase an excessive funeral, and if I would be able to lend KRW 10 million due to a shortage of money, I would be able to pay 10 million monthly interest; and (b) I would be able to pay 10 million won without mold.”

However, in fact, the defendant did not have any intention or ability to repay the money borrowed from the injured party because of the fact that the defendant did not reach KRW 200,000 and prevented the return of the debt back to the due date.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A certificate of cash borrowing;

1. Details of deposits and withdrawals;

1. Application of the Acts and subordinate statutes on check payments;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the choice of the type of punishment;