A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On August 29, 2011, the Defendant made a false statement to the victim C at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating, “I would like to purchase money at a high price if I would like to purchase money.”

However, the defendant was not in custody or possession of money, and there was no intention or ability to pay money even if he received money from the victim because he did not have any means to purchase money at a low price.

Nevertheless, the Defendant, by deceiving the victim, was issued a cashier’s check of KRW 500 million at face value under the pretext of the purchase price by the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to loan certificates and copies of checks;

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant criminal facts;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), fraudulent crime group, general fraud, Type 3 (at least 500 million won, less than 500 billion won) (the scope of recommended fields and the range of recommended sentences), the basic area of punishment, 3 years to 6 years.

3. Determination of sentence: A favorable condition for the defendant exists, such as imprisonment for three years, confession of the defendant to commit the crime of this case and statement that he repents it, the fact that the defendant has no power to do so and that the health of the defendant seems not good;

However, there are only one history of punishment for embezzlement, and the criminal record of punishment for the crime of embezzlement is one time, and the amount of damage is the maximum amount of KRW 500 million, the victim did not reach an agreement with the victim, and the defendant did not fully endeavor to recover damage.