If the defendant does not pay the above fine, KRW 100,000.

On March 3, 2011, the Defendant stated that “The Defendant would provide money to the victim D in c coffee shop located in Yongsan-gu Seoul, Yongsan-gu, Seoul, that “on the basis of the supply of an artist to the club. If the Defendant borrowed KRW 5 million, the monthly interest will be paid at KRW 100,000,000 and in full within three months.”

However, at the time, the defendant paid interest of KRW 1.2 million per month because he had a debt of KRW 230 million per month, and only he had a revenue of KRW 1.0 million through KRW 1.5 million per month. However, even if he borrowed money from the victim, he did not have an intention or ability to pay it in time.

As above, the Defendant, by deceiving the victim, received 4.9 million won from the victim to his/her own national bank account (E) on March 3, 2011, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. After the Defendant received a remittance of KRW 4.9 million as indicated in the judgment from the victim on March 3, 2011, the fact that the Defendant remitted 100,000 to the victim each month until January 4, 2012 is recognized.

However, at the time of receiving a remittance of KRW 4.9 million as indicated in its holding, the Defendant assumed a high-amount of obligation as stated in its holding, while the income was only KRW 1.0 million through KRW 1.5 million per month. Nevertheless, the Defendant, as stated in its holding, received a remittance of KRW 4.9 million as indicated in its holding by the victim by stating that the Defendant would repay the money within three months, and there is no evidence to deem that the Defendant used 4.9 million won as indicated in its holding, and rather, the Defendant stated that the police used the said money as a repayment of living expenses and interest on the existing obligation, it can be sufficiently recognized that there was an intention of deception at least by the Defendant.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Detention at a workhouse;