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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 4, 2006, the Defendant stated that the D University Environment Research Institute located in Gwangju Northern-gu, Gwangju, that “The victim E intends to engage in the business of developing LD-related products from F Co., Ltd. with the representative director in Korea. If it is necessary to obtain LD-related business licenses and make money in producing prototypes, the Defendant would use them for the above business and make a full payment.”

However, in fact, the Defendant only lent the name of the representative director to F Co., Ltd. and did not have the authority to participate in the business, and there was no plan to manufacture the prototype. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it to the victim after using it for the above business.

Nevertheless, the Defendant received KRW 1,234,00 from the victim to the Nong Bank account in the name of the Defendant on the same day as the loan, and received KRW 96,898,400 in total on 40 occasions from the victim from October 15, 201, as stated in the attached crime list, as well as from October 15, 201.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the defendant concerning the examination of partially the prosecution;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction area (one to one year) of category 1 (less than 100 million won) for the general fraud range; and

2. Various arguments are shown, such as the fact that the defendant does not want the punishment against the defendant by agreement with the victim, the method of fraud, the amount of fraud, the relationship between the defendant and the victim, the criminal record, the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc.