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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On December 19, 2006, the Defendant made a false statement to the effect that “A notarial office located in Gangdong-gu Seoul Metropolitan Government is to pay money to the victim C after one year from the lending of money to the victim C.”

However, at the time of fact, the Defendant borrowed money from the victim for personal debt repayment, insurance premium payment, etc., so even if he borrowed money, the Defendant did not have the intent or ability to repay the principal and interest to the victim on the fixed date. In fact, on July 20, 2007, the Defendant did not enter the Republic of Korea until November 29, 2018 with the intention to leave Japan and not pay the excessive personal debt.

On December 19, 2006, the Defendant received 115,000,000 won from the victim to the Japanese bank account under the name of the Defendant as a loan from the victim, and acquired 115,00,000 won in total from the victim until July 19, 2007, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with regard to D (including the E and each part of each statement in C, No. 23 of the evidence list);

1. A complaint (Evidence Nos. 22);

1. To apply a copy of a loan certificate (Evidence No. 26) and a copy of the deposit (Evidence No. 27);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud against the victim F with the largest penalty);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Aggravation of the recommended punishment according to the sentencing guidelines [the determination of types of punishment]; fraud group; general fraud; and type 2 (the amount between KRW 100,00 and KRW 500,00): If a person repeatedly commits a crime over a considerable period of time, the amount of mitigation shall not be subject to punishment (the amount of general penalty).