A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 4, 2009, the Defendant of criminal records was sentenced to two years of suspension of the execution of imprisonment for embezzlement for eight months in the Chungcheong District Court’s Chungcheong Branch, and the judgment became final and conclusive on the 12th of the same month, and on December 16, 2011, the judgment became final and conclusive on February 17, 2012 by having been sentenced to one year and six months of imprisonment for fraud, etc. at the Chungcheong District Court.

Criminal facts

At the end of November 2008, the Defendant made a false statement to the victim C that he would have to pay the amount in one month if he borrowed the amount of KRW 30,000,000 to the victim C.

However, even though the Defendant had a total of KRW 1.40 million against D, E, and F at the time, the said obligor was unable to repay his debt for a long time and was extended due date from the Defendant. However, while the Defendant had a debt of KRW 100 million to G, etc., the Defendant had a debt of KRW 100 million to G, etc., and the H land and buildings owned by the Defendant were set up a collateral security amount of KRW 400,000,000,000,000,000,000 won, which was the provisional attachment of KRW 298,000,000,000 from the victim, there was no intention or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) around that time, the Defendant received cash of KRW 30 million from the “Jnori” around the Yung-dong, Geum-dong, Chungcheongnam-si, Chungcheongnam-si; and (c) obtained such money from the victim on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. C Complaints;

1. Investigative report (the time when suspect statements are heard-30 million won or less);

1. Previous records: Application of criminal records, investigation reports (in relation to the decisions of the relevant case against the suspect, examination records of the suspect, investigation reports, attachment of investigation reports, non-performance reports), and investigation reports (verification of confirmation date of the judgment);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;