Where the defendant fails to pay the above fine, 50,000 won shall be one day.

The defendant is a person who performs the work of painting C with his trade name.

On March 16, 2012, the Defendant made a false statement to the person in charge of credit loans at the Daejeon-dong Daejeon-dong 600 Victim (ju) and Daejeon-dong, Daejeon-gu, that “I will repay the principal and interest of KRW 1,50,000 per month on credit loans of KRW 3 million per week.”

However, the defendant did not have the intention or ability to repay even if he obtained a credit loan from the victim.

As such, the defendant deceivings the victim company, and he took out a loan of 3 million won from the victim company and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to loan application form and reference inquiry statement;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the Defendant had the intent and ability to repay the loan due to the claim for construction cost equivalent to the amount payable at the time of the instant loan.

In light of the following circumstances acknowledged by the evidence of the judgment, i.e., (i) the Defendant had no property at the time of receiving the loan, (ii) was liable for several loans, (iii) the Defendant had already been in arrears at the time of the loan, (iv) the payment of the construction cost was made at the time of the loan, (v) the Defendant had not paid the monthly principal and interest to be repaid is 150,000 won, and (v) the Defendant has not paid the loan immediately in the urging of the victim, and (v) the Defendant has not repaid the loan even after the payment of the construction cost was made thereafter.