A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 13, 2011, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for fraud, etc. at the Suwon Friwon, and the said judgment became final and conclusive on the 21st of the same month.

On April 26, 2011, at the C office of the Defendant’s operation of the Songpa-gu Seoul building No. 102 Dong 329, Songpa-gu Seoul building No. 102, the Defendant would pay the principal to the victim D with the interest paid up until July 25, 2011, if the Defendant borrowed KRW 20,000,000 as the company’s operating capital is required.

If money is not repaid on the date of promise, the office's lease deposit amount of KRW 30 million was received when the contract period expires.

However, the defendant did not pay monthly rent, management fee, and electricity rent at the time of the office, and did not have any funds equivalent to the wages to be paid to the employees of the above company, and there was a debt equivalent to approximately KRW 15 million in the Saemaul Credit Cooperatives, etc., and the office lease deposit will also be deducted from the unpaid rent, so even if he borrowed money from the above victim, there was no intention or ability to pay it.

Nevertheless, the Defendant, as seen above, received a false statement from the above victim, and acquired it from the above victim to the corporate bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A copy of the details of transactions with a national bank, a copy of each letter, a copy of each letter, or a copy of an officetel lease agreement;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: (a) the reason for sentencing under Article 39(1) [the scope of the recommended punishment in accordance with the sentencing guidelines] of Article 39(1) [the scope of the recommended punishment in accordance with the sentencing guidelines] the basic area (from June to one year and six months) [the decision of sentencing] (the decision of sentence] favorable to the general fraud: the above judgment becomes final and conclusive.