A defendant shall be punished by imprisonment for one year.

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

On September 2009, the Defendant made a false statement to the effect that “In the Republic of Korea is well aware of D’s executives. They may work for D’s children at the face of money.” However, the Defendant did not have any intent or ability to have the victims find employment with D’s children in the above company.

On September 21, 2009, the Defendant received 100,000,000 won from the victim for employment solicitation from the FC bank located in Busan-gu E on September 21, 2009, and then, around September 28, 2009, acquired 10,000 won of the company bank cashier's checks from the victim's bank under the same name at the HC bank located in the same Gu G on September 28, 2009.

Summary of Evidence

1. Legal statement of the witness B;

1. Details of issuance of cashier's checks, and application of statutes governing cash custody certificates;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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

1. Reasons for sentencing (the instant application for compensation is inappropriate as having been filed after the closing of argument) Articles 32(1)1 and 32(2), and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Application for Compensation;

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

2. Aggravation factors of less than KRW 100 million [Special Aggravationd Persons] below the amount of punishment according to the sentencing guidelines (the range of punishment by type] for fraud: The area of aggravation [the area of recommendation and the scope of punishment by recommendation], the area of aggravation (the area of recommendation and the scope of punishment by recommendation], one year to two years and six months.

3. Determination of sentence: Penalty is required in light of the following: One year of imprisonment, the poor criminal law of two years of suspended sentence, the failure to recover damage, the records of the same criminal act (three times of suspended sentence), and the fact that the instant crime was committed during the suspended sentence.

However, since 2010, the defendant has been hospitalized for a long time as a mental disorder such as mental fission, etc., and even now, the defendant has been suffering from stimulative disorder, depression, etc.