On April 30, 2012, the Defendant filed a loan application with the victim (the State) in Jinju-si, through the website, and falsely stated that “The victim company is not able to file an application for individual rehabilitation or individual bankruptcy within three months since it is not in the present insolvency status, and there is no possibility to immediately repay the loan balance.”

However, in fact, the Defendant was liable for a debt of approximately KRW 40 million at that time, and the Defendant was prevented from returning his debt by using credit cards, while the Defendant was in insolvency status due to the absence of any special property, and even if he was given a loan from the victim company, he did not have the intention or ability to immediately repay it.

As above, the Defendant deceptioned the victim company and obtained 3 million won on the same day from the victim company and acquired the property by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to petition for complaint and evidential materials;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the suspended sentence; Article 59 (1) of the Criminal Act (see, e.g.