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

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

Punishment of the crime

On December 31, 2012, the Defendant, at the Certified Judicial Scriveners Office located in Songpa-gu Seoul Metropolitan Government, made a false statement to the effect that “If he/she lends KRW 8 million to the victim C, he/she shall pay interest of KRW 2% per month, and shall repay KRW 15 million by May 31, 2013, together with existing debts of KRW 35 million. If he/she fails to repay money, he/she shall be liable until May 31, 2013. In the event he/she fails to repay the money, he/she shall be liable to refund the lease deposit amount of KRW 290 million on the real estate located in Dongjak-gu Seoul Metropolitan Government, Seoul, with the exception of the loan amount of KRW 260 million, and if he/she is unable to repay the money by the repayment date, he/she shall sell it to KRW

However, in fact, the above real estate owned by the Defendant was liable for the repayment of the deposit for lease amounting to KRW 360 million. Considering the actual amount of debt related to the above real estate at the time, the collateral value of the real estate was not sufficient to secure all the loan obligations. Meanwhile, the Defendant did not have any intent or ability to repay money, even if he borrowed money separately from others even if he was liable for the debt equivalent to KRW 1.2 billion.

The Defendant, as such, by deceiving the victim, received KRW 80 million in total from the victim on December 31, 2012, and KRW 30 million on January 2, 2013.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C substitute part);

1. Studio charter contract, loan certificate;

1. Application of Acts and subordinate statutes to a record of telephone content between the complainant and the defendant;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of the type] of general fraud (less than KRW 100 million] - In a case where mitigation elements are not punishable or considerable damage is recovered, [decision of the recommended area] mitigation area / [decision of the recommended area] one month to one year [decision of the recommended area] damage damage and not wanting to be punished by the defendant. There are no criminal records of the same kind and suspended execution.