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

Punishment of the crime

The Defendant, around September 4, 2012, at the office of the Gangnam-gu, Seoul, Seo-gu, Seoul, the fourth floor of the Kusan Building, “D” to the victim C, which is scheduled to be broadcasted in the KBS 2TV located in the 4th floor, and the victim C, who was unable to take an overseas photograph due to the lack of money necessary for the shooting. If the Defendant borrowed the amount of KRW 90 million, he would immediately be repaid, and if he/she fails to pay it, he/she would transfer the car page operated by him/her, and if he/she sells it, he/she would pay the said amount with the deposit.”

However, the fact was accumulated by the enemy of the carpet operated by the defendant, and there was no intention or ability to pay the money to the victim even if the defendant receives the money in the amount equivalent to KRW 40 million, KRW 30 million, KRW 50 million, and KRW 50 million for the debt to the bond company at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received a copy of the check from the victim as the borrowed money on October 4 of the same year, and acquired it as the borrowed money from the victim.

Summary of Evidence

1. A witness C or E’s legal statement (excluding part not trustable among the statements of witness E);

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Investigation report (investigation into the details of prosecutor's direction);

1. Each letter;

1. A written rejection of cash;

1. Application of the receipt statute

1. The criminal intent of defraudation, which is a subjective constituent element of fraud, of the judgment on the criminal facts and the criminal intent of defraudation of punishment under Article 347(1) of the Criminal Act, shall be determined by comprehensively taking into account the objective circumstances, such as the financial history, environment, details of the crime, and the process of performing transactions before and after the crime, unless the defendant is led to the confession. The criminal intent of the crime is not a conclusive intention, but an intentional intention (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008).