A defendant shall be punished by imprisonment for one year.

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 24, 2015, the Defendant was sentenced to a suspended sentence of three years in the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest). The judgment became final and conclusive on January 1, 2016.

On February 15, 2012, the Defendant made a false statement to the victim D that “The Defendant would return to the victim a promissory note of KRW 200 million and a sheet of KRW 140 million per unit to the victim, and the mine business is well progress within 12 days, and pay KRW 140 million in cash and pay KRW 200 million in cash within one month.”

However, because the mine business in which the defendant was at the time was not secured due to the lack of funds due to the lack of funds, there was no intention or ability to pay cash on the date of promise even if they are given a promissory note and a check of the number of units per unit from the victim.

In the end, the Defendant deceiving the victim as above and obtained from the victim, namely, one promissory note (amounting to KRW 200 million, KRW 200 million, KRW 50 million, KRW 140 million, and KRW 50 million, KRW 50 million, and KRW 50 million, and KRW 50 million) and one per unit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Investigation report (report on the G call of witnesses);

1. The bond seizure and collection order, the bond seizure and collection order, the transfer of which to the original seizure is made, the promissory note, the note of number of units, the note of payment, the certificate of personal seal impression (A), the letter of personal seal impression (F), the letter of confirmation, the written agreement, and the provisional seizure of 2010 other bonds35, and the loan and the written ruling, the letter of decision and the statement of agreed non-acceptance;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Judgment on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following sentencing grounds):