Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

[criminal history] On November 2, 2016, the Defendant was sentenced to ten months of imprisonment by the Jeju District Court due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and the judgment became final and conclusive on April 14, 2017.

[Criminal facts] On September 15, 2016, the Defendant made a false statement to the victim E at the D coffee shop located in the Jeju city, stating that “I will pay back without a mold two months after lending KRW 2.5 million to the victim E.”

However, at the time, the Defendant owed a debt equivalent to KRW 35 million, including credit card arrears, and was in bad credit standing from around 2014, and even if the Defendant borrowed money from the damaged party in light of monthly income and living expenses, there was no intention or ability to repay the money within the time limit.

Nevertheless, as the Defendant could fully repay the money to the victims, the Defendant deceivings the victims as above, and acquired 2.5 million won as the borrowed money from the victims.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. The loan certificate;

1. Previous convictions: Investigation report (Attachment of suspect rulings), Jeju District Court Decision 2016 High Court Decision 749, High Court Decision 2016 High Court Decision 728, Supreme Court Decision 2016No728, Supreme Court Decision 2017Do3934 Decided April 1, 201

The argument is asserted.

However, in full view of the overall credit standing of the Defendant at the time of borrowing the money, the circumstances leading up to the lending of money, etc., known by the evidence of the judgment, there was an awareness that the Defendant could not pay the money within a given time limit and the intent to accept such recognition.

I seem to appear.

We do not accept the above argument.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.