A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who has been engaged in the sales agency of D buildings performed by C from September 2009 to April 2010.

around 15:00 on February 26, 2010, the Defendant stated that, within the office of Jinju-si, Co., Ltd., Ltd., Co., Ltd., in Jin-si, Jin-si, Inc., Ltd., in Jin-si, the Defendant borrowed money to the victim F, and received a sales commission from C, and thus, the Defendant would pay the money immediately.

However, at the time, the Defendant had been engaged in the sales agency business by lending the corporate name of “H” from G, and when receiving the sales commission from the said G, the Defendant was required first to settle the tax amount of H and pay the confidential wages to the office employees, and the Defendant did not have any intent or ability to pay the money properly as promised to the victim even if he received the sales commission, due to the circumstances in which the amount exceeds the obligation.

Nevertheless, on February 26, 2010, the Defendant, by deceiving the victim as above, obtained KRW 20,000 from the victim as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A complaint;

1. A loan certificate, passbook, certificate of confirmation, request for fund execution, and each copy of tax invoice;

1. A copy of a contract for parcelling-out;

1. A copy of each letter, note, resident registration certificate, receipt, and written confirmation of vicarious sale of buildings and waiver of fees;

1. Application of Acts and subordinate statutes to investigation reports (such as attaching copies of bankbooks);

1. It is so decided as per Disposition for the reasons under Article 347 (1) of the Criminal Act concerning the crime;