When the defendant does not pay the above fine, 100,000 won.

On April 16, 2016, the Defendant entered into a credit loan agreement with the said victim to the South East East East fire station located in 714, the Seoul East-gu, Incheon Metropolitan City, with the intention that “The Defendant may lend KRW 27 million,000,000,000,000,000,000 per month between 60 months and 60 months until April 14, 2021, to repay the principal and interest of KRW 7,000 per month between 60 and 60 months. There is no additional application for a loan to other financial institutions, and may normally repay the loan.”

However, the Defendant had already been liable for a total amount of KRW 87 million to four financial institutions, such as Aju Savings Bank, and thus, it was difficult to repay a loan amounting to KRW 3.4 million every month, and even if the Defendant did not have any particular property and received a credit loan from the injured party, there was no ability or intent to repay the loan normally.

Ultimately, the Defendant, by deceiving the victim as above, obtained the delivery of KRW 27 million from the victim to the NongHyup Bank account (C) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to inquire into credit transaction agreements, credit inquiries, and credit account transactions records;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are the primary and reflective crimes, the agreement with the victim, the degree of damage, motive and background of the crime, character, conduct and environment of the defendant, etc.