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

Punishment of the crime

On October 10, 2012, the Defendant stated that “A victim C shall be paid KRW 1 billion if he/she lends 50 million to a plenary fund for election funds and unification of a calendar politician,” at a shelter under the Yongsan-gu Seoul Metropolitan Government, “B is a professor of a Annual Generation School, currently is in custody of funds to be used for election funds of a calendar politician, and the funds shall be used for election funds and unification funds of a calendar politician, and the funds shall be borrowed as expenses to be borrowed.”

However, in fact, the Defendant was not a professor of a school for the next generation, and even if the Defendant received KRW 50 million from the victim because he did not manage the election funds of a political person, he did not intend to repay the amount of KRW 1 billion to the victim, and was merely intended to use it for the personal interest of the Defendant.

Nevertheless, the Defendant made a false statement as above, and around that time, received from the victim a KRW 50 million check as the borrowed money, and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution concerning D;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written confirmation of issuance of cashier's checks;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (one to one year and six months) (the special person) of the sentencing criteria; and

2. Although the defendant who was sentenced to punishment of this case led to the confession and reflect of the crime of this case, the punishment as ordered shall be determined by taking account of the fact that the damage has not been recovered until now, the amount of fraud has not been substantial, the age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.