Defendant shall be punished by a fine of three million won.

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

Punishment of the crime

The defendant and the victim C are neighboring residents living in D apartment 207, 204, 213, 103, and 203, respectively, and the defendant has no occupation.

The defendant around September 2014, the above victim's house " will pay the balance of E operated by her husband to the victim after one week, if he/she lends the balance of E operated by her husband.

“The phrase “ was false.”

However, the defendant did not have the intention or ability to pay the borrowed amount from the injured party.

Accordingly, on September 25, 2014, the victim was issued KRW 5 million with the account under the name of the defendant, and KRW 10 million in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Complaint;

1. A detailed statement of banking transactions;

1. Each investigation report [The defendant and his defense counsel borrowed the above money when the victim has been absent, and the defendant paid 7 million won out of the above loans up to now, so the defendant did not have an intention to acquire money from the victim.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, (i) the victim has consistently made a statement from the investigative agency to the present court on the background leading up to lending money to the Defendant, (ii) the Defendant also took out KRW 10 million from the injured party around September 25, 2014; and (iii) the Defendant and the victim did not specify the due date for payment in the cash custody document prepared around September 25, 2014; however, in light of the victim’s age, amount of loan, etc., the Defendant cannot be deemed to have planned to take a long-term loan as alleged by the Defendant; (iv) the Defendant was liable for a maximum amount at the time of borrowing money from the injured party; and (iii) there was no regular revenue. Therefore, even if borrowing money, it is possible to change within a short period.