A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On March 2001, the Defendant displayed a Pamp and newspaper article to the victim C at the French coffee shop located in the center of the city of Busan, Dong-gu, Busan, and made a false statement to the effect that “A student is going to study together with D, and a student of Korea is lent necessary expenses for study and defense fishing campaigns, and when a docam camp is completed, the Defendant would have to pay the money within 2-3 months, and the interest will be calculated as two copies per month, and the victim’s two children will be going to study in Canada, and supply the spaws which come to lowly from dumping.”

However, even if the defendant borrowed money from the injured party, the defendant did not have any idea to use it for study in connection with D and did not have any intention or ability to repay the money to the injured party.

On May 23, 2001, the Defendant: (a) by deceiving the victim as above; (b) received from the victim, the amount of US dollars equivalent to KRW 150 million from the F store retail store located in Busan Jung-gu, Busan; and (c) on June 7, 2001, the amount of US dollars equivalent to KRW 60 million from the same place at the same time as on June 7, 2001, respectively.

Accordingly, the defendant, by deceiving the victim, received the amount of 210 million U.S. dollars equivalent to the sum of 200 million U.S. dollars from the victim and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, G and H;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement inC and G);

1. Statement made by the prosecution against C;

1. A protocol concerning the examination of the suspect of the defendant (including part concerning the statement ofC and G);

1. Each police statement made to C, G, H, and I;

1. C’s statement and written statements;

1. Complaint;

1. Application of the provisions of Acts and subordinate statutes to loan certificates, fair deeds, newspapers, certificates of facts, certificates of sale of foreign currency, etc., records of ordinary deposits, such as records of transactions, black money, personal entry and departure status, copies of seized articles;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of penalty;