A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 1, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. in the Gangnam Branch of the Chuncheon District Court, which became final and conclusive on April 6, 2012, and is currently under the suspension of execution.

On April 4, 2011, the Defendant agreed to receive interest of 2% per month while lending KRW 110 million to D from the E office located in Gangseo-si, Gangnam-si, to D. From April 4, 2011, the Defendant received full repayment of KRW 136.4 million equivalent to the principal and interest on the said loan from D until April 17, 2012.

Nevertheless, on April 17, 2012, the Defendant borrowed KRW 110 million to D on April 17, 2011 at the public service center of the Gangnam-dong 1113, Gangnam-dong 1113 for the purpose of having D subject to criminal punishment. However, the Defendant received only KRW 63750,000,00,000, from the public service center of the police station of Gangnam-dong 11113. However, the Defendant received a false statement to the effect that “D, even though D had no intent or ability to repay, by deceiving the Defendant, would be punished for fraud,” and submitted and received it to the police officer under the name of the above police station.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the criminal complaint, the police statement of the defendant;

1. Investigation report (a copy of suspect interrogation protocol, etc. No. 2012 and 5279) and the protocol of each prosecutor's statement concerning D;

1. The application of Acts and subordinate statutes to report on investigation (Attachment of a copy of a statement of payment) and report on investigation (Attachment of related decisions);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55(1)3 of the Criminal Act for mitigation of confession and mitigation are crimes which infringe on the national legal interest of the State, which is an appropriate exercise of the State’s trial function, and seriously threaten the legal stability of the State. The Defendant committed the instant crime without being aware of during the period of suspension of execution.

In particular, loans of this case from D, the debtor, are loans of this case.