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

1. On September 14, 2007, the Defendant made a false statement with C agency located in Seosan-si B that “A victim D shall pay the insurance premium immediately if he/she pays the insurance premium with the maturity of automobile insurance.”

However, the defendant did not have any intention or ability to pay the premium immediately to the victim because he did not have any specific property at the time.

The Defendant, by deceiving the victim as such, had the victim pay 1,362,100 won of the automobile insurance premium on behalf of the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. On October 5, 2007, the Defendant made a false statement to the victim D at the same place, stating that “A person shall repay the premium up to December 31, 2007, including the money that he/she paid in advance before he/she borrowed three million won as he/she needs to pay in advance.”

However, at the time, the defendant did not have any specific property and did not have any intent or ability to repay it within the agreed time limit even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of the loan certificate;

1. Application of Acts and subordinate statutes governing a motor vehicle insurance premium receipt;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;