A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The Defendant was engaged in the wholesale and retail business of Seodaemun-gu with the trade name “D” in the substantial Gu of Cheongju-si, and was concurrently engaged in the “F” in Cheongju-si E.

On January 1, 2012, the Defendant made a false statement to the “F” to the victim G, stating that the Defendant would immediately settle the payment upon delivery of Seodaemun-gu documents to the victim, while driving the said “F” to the victim G.

However, at the time, the Defendant operated the foregoing “D” and “F” and used monthly profits equivalent to KRW 7 million from around 2009 to repay the loan principal, interest, etc., due to financial institutions loans, unpaid taxes, debentures, etc. from around 2009. However, even if the amount of the household check payment due to the shortage of money to pay back to the due date is supplied in large quantity from the victim, the Defendant was able to pay the household check payment by preparing cash after disposing of the bank check payment from the victim as a tentatively named “dumping,” and did not have any intent or ability to pay the household check payment even if the phrases are delivered by the victim.

Around January 15, 2012, the Defendant, by deceiving the victim as such, was supplied with phrases equivalent to KRW 2,264,80 at the market price of 1,200, such as the revised tape around January 15, 201.

In addition, from around that time to February 15, 2012, the Defendant obtained a total of 28,735,285 won from the victims through the supply of text messages equivalent to 28,735,285 won, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the defendant (including G statements);

1. The police statement concerning G;

1. Investigation report (to attach copies of case records in violation of the Control of Illegal Check Control Act by a suspect);

1. Application of Acts and subordinate statutes to the details of a business registration certificate, request, statement of transaction, NICE personal credit information, and delivery at H by the complainant;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;