A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

1. The Defendant, around October 11, 2007, at a non-permanent post office located in Guro-gu Seoul Metropolitan Government, told the victim C to “one hundred to two (10) days later, borrowed only KRW 60 million from a bank to which money is definitely entered, and to pay in three (3) copies of interest.” However, the Defendant did not have any intent and ability to pay the money even if the Defendant borrowed money from others, such as receiving a demand for payment using bonds, due to the absence of the plan to clearly enter the money at the time, and the economic circumstance was not good.

Nevertheless, the Defendant, who makes a false statement to the victim, received KRW 10 million from the victim to the passbook (Account Number D) in the name of the Defendant, and received KRW 5 million from the passbook in the name of E on October 12, 2007, and received KRW 34 million as the passbook in the above national bank around October 15, 2007, and KRW 58 million from the above national bank around October 18, 2007, respectively.

2. On November 8, 2007, the Defendant: (a) made a false statement to the effect that “on the part of the Defendant borrowed money amounting to KRW 30 million from a bank; (b) it would have to be repaid with the existing money; and (c) he immediately transferred KRW 10 million from the victim to the above passbook; and (d) acquired money amounting to KRW 20 million from the F passbook on November 12, 2007 via two occasions, such as receiving KRW 20 million from the victim’s name.

Summary of Evidence

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

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Entry of the defendant's partial statement and C's statement in the second police interrogation protocol against the defendant;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the corresponding Articles of the Criminal Act concerning the facts constituting an offense;