If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

On September 2013, the Defendant did not have any particular property with monthly income of KRW 3 million. However, when it was difficult for the Defendant to pay monthly interest on monthly income with monthly income of KRW 200 million, the Defendant, as a proposal of the consulting company with obscure identity, failed to obtain a loan equivalent to the above debt amount from several financial institutions, including the said consulting company, including the victim’s future deposit insurance company, instead of paying the above debt amount, and paid it to the said consulting company.

On September 5, 2013, the Defendant entered into a loan agreement with D, a loan solicitor of the victim in the vicinity of Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, setting the annual interest rate of KRW 40 million as KRW 1 year and KRW 8.1%.

However, the Defendant was obligated to pay approximately KRW 20 million, and the monthly interest amount is KRW 3.2 million, and the monthly income is merely KRW 3 million, and as such, when the obligation was accumulated, the Defendant fully repaid the above obligation through the above consulting company. The Defendant was planned to borrow a loan of KRW 229 million from five financial institutions, such as the victim, and to pay the above consulting company as a consideration for the repayment of the above obligation. Thus, even if the amount of debt excluding the above KRW 40 million reaches KRW 189 million, the Defendant did not have any intent or ability to pay it even if the Defendant borrowed KRW 40 million from the victim.

The Defendant received KRW 40 million from the victim on the 13th day of the same month from the victim to the SC Bank account under the name of the Defendant on the 13th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A defendant's partial statement (a statement to the effect that he/she has received money in exchange);

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A complaint, written application for loan transaction, written agreement on loan transaction, letter of undertaking, credit information inquiry, and credit information inquiry by a future life insurance company;