A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant around 15:00 on August 14, 2002, the defendant operated F and G in the victim E in the "D" Korean restaurant located in Nagoya-si, Japan around 15:00.

The loan of 3 million UN shall be repaid until November 13, 2002, and G shall be divided into proceeds.

“A false representation was made.”

However, at the time, the Defendant invested about KRW 150,00,000 in the imported goods for supporting the World Cup, but did not incur losses. The Defendant did not have any intent or ability to repay the money even if he borrowed the money from the injured party because the Defendant did not obtain any profit at the restaurant and the main restaurant (G) operated by the Defendant.

The Defendant received from the injured party a sum of KRW 3 million, i.e., the United Nations (Korean Won KRW 30 million) from the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H and I;

1. Application of Acts and subordinate statutes stating some of the protocol concerning the examination of the suspect to the defendant in the prosecution;

1. Article 347(1) of the Criminal Act regarding the relevant criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, Article 253(3) of the Criminal Procedure Act regarding the judgment on the claim for completion of the statute of limitations on the option of imprisonment, shall not be suspended during the period in which the offender stays abroad in order to escape criminal punishment.

“......”

The legislative purpose of the above provision is to properly realize the penal authority by preventing a criminal from being prosecuted during the period of stay in a foreign country where the criminal stays abroad whose judicial power does not substantially reach the Republic of Korea and is used as a means of escape.

Therefore, the phrase “where the offender stays abroad to escape criminal punishment” as prescribed by the above provision is not limited to the case where the offender has escaped abroad in order to commit a crime in Korea and escape criminal punishment.