A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 21, 2011, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court. On July 29, 2011, the said judgment became final and conclusive.

Around January 29, 2008, the Defendant: (a) around 2008, at the F Office operated by P, the Defendant borrowed money from P, but did not have the intent or ability to repay it properly; (b) a promissory note issued by Q, Inc., which was issued by Q, was delivered for the purpose of purchasing the above company’s factory site; and (c) was not offered as security for its obligation; and (d) even though there was no agreement to do so with the representative director R of the above company, the Defendant attempted to operate Q representative and fishery product processing plant; (b) sought to operate the above business; (c) to purchase the new land as a site; and (d) to pay KRW 30 million on April 18, 2008; (d) to borrow money from P; (e) to lend money as security; and (e) to provide a promissory note issued by the above company as security; and (e) to acquire money from the victim’s account via fraud around 2008, 2008.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Legal statement of witness S;

1. Statement on the R of witnesses in the fifth trial records;

1. Statement of the police about P;

1. Promissory notes or deposit certificates;

1. Each prosecutor's investigation report (the No. 13, 14, 16 of the evidence list);

1. Previous records: References to criminal records and investigation reports by prosecutors, and the application of Acts and subordinate statutes;

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes are as follows. The scope of damage caused by the instant crime is considerably large.