Defendant shall be punished by a fine of KRW 1,000,000 (one million).

If the defendant fails to pay the above fine, 50.

Punishment of the crime

The defendant is a person who engages in acting on behalf of the defendant.

1. Around August 26, 2009, the Defendant made a false statement to the complainant C, stating, “I will pay 20 million won or more to the complainant,” and then will receive a full-time loan from the company later.”

However, even if the defendant borrowed money from the complainant, he did not have the intention or ability to repay it.

On August 26, 2009, the Defendant received 20 million won from the complainant to the D Account in the name of the Defendant of the Busan Bank at the above place.

2. On September 14, 2009, the Defendant: (a) around September 14, 2009, at the department store located in Busan-dong, Busan-dong; (b) borrowed the money required for directors’ funds to B.

However, even if the defendant borrowed money from the complainant, he did not have the intention or ability to repay it.

On September 14, 2009, the Defendant received nine million won from the complainant to the D Account in the name of the Defendant of the Busan Bank at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Each police statement concerning C and B;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment stipulated in a crime of fraud against C of a victim with heavier penalty);

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

1. The Defendant’s reasons for sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation do not have any record of criminal punishment; the victim C is 20 million won in total; the victim B stated that the Defendant was paid one million won in the police interrogation protocol against the Defendant (i.e., one million won in total) and KRW 8.5 million in total to the victim B (i.e., one million won in the police interrogation protocol against the Defendant) shall be determined by the sentence as per the text.

(b) for more than one year.