A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant did not have the intention or ability to pay 50% of the recovered claim to the victim even if he received the claim from the victim C by transfer.

Nevertheless, the Defendant:

1. On September 23, 2006, a false statement stating that “When transferring KRW 116,926,000 to D’s claim and KRW 30,000,000 to D’s claim against D’s wife E, it shall be paid 50% of the amount of the collected claim” to the victim within a restaurant located in the store located in Chang-gu, Chang-gu, Seoul Special Metropolitan City on September 23, 2006, he/she shall receive the above claim from the victim on October 16, 2006, he/she shall receive the above claim from the victim on or around October 16, 2006, he/she shall not return the collected amount of KRW 5,00,000,000, which is 500,000 of the recovered amount to the victim;

2. Paragraph 1, the victim’s claim amounting to KRW 18,858,800 from the victim’s F was transferred to the victim’s claim amounting to KRW 5,000 from F on or around March 2007, even though F recovered KRW 5,00,000 from the claim amount, but did not return KRW 50,50,000 from the victim’s claim amount to the victim at the time and place specified in the said paragraph; and

3. On May 2007, after receiving a transfer of a claim amounting to KRW 50,000,000 from the victim’s G from the date, time, place, as described in paragraph 1 above, in a manner of completing a transfer registration of ownership from G in the name of the Defendant’s wife, even though the amount equivalent to KRW 10,00,000 out of the above claim was recovered in the name of the Defendant’s wife, the victim did not return KRW 5,00,000,000, which is 50% of the recovered amount to the victim and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to an investigation report (verification of whether a certificate for extinguishment of claims is true);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime [the choice of imprisonment (not to issue a warrant of detention to give the defendant an opportunity to agree with the victim];

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;