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

However, 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

Around April 7, 2017, the Defendant, at “C” store operated by the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, said that “A clothes store is owned by the Defendant and that redevelopment compensation would be expected to be made soon. If the Defendant borrowed KRW 500,000,00,000, it would be paid in full within a certain period.”

However, in fact, the defendant had already been 40 million won with loans and clothing payment obligations, and C's clothes are not owned by the defendant, and even if he borrowed five million won from the victim, he did not have the intent or ability to repay the above five million won by the due date and the existing obligations, the payment period of which has been postponed, until the due date.

On April 10, 2017, the Defendant prepared a notarial deed stating that “the Defendant shall pay the victim KRW 15 million up to March 10, 2018, and KRW 15 million up to December 10, 2018, to the victim” at a notary public F office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant was transferred from the victim to the Defendant’s name bank account (G) under the pretext of borrowing KRW 5 million on the same day, and was postponed from the maturity of the existing debt KRW 2.8 million.

Accordingly, the defendant, by deceiving the victim, received property and acquired property benefits, whose performance of obligation is postponed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each investigation report (to attach data related to unpaid materials for clothing of a suspect, to submit details of delinquency in taxation of a suspect, and to credit information inquiry);

1. Application of Acts and subordinate statutes on notarial deeds;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the decision of type] and the general fraud [the type 1] below the amount of less than KRW 100 million [the special person] mitigation element: In a case where a deceptive act is committed intentionally, or a deceptive act is committed.