Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 30, 2015, the Defendant borrowed KRW 15 million from the bank to the victim E at the site of the Dop Corporation located in the Dop Corporation (State), “If the cash for the party account issued at the time of the construction of the Dop Corporation in the process of construction of the Dop Corporation is insufficient, the Defendant would pay the money borrowed from the bank in addition to the bank if the normal transaction is made by depositing the money into the bank.” In addition, the Defendant was transferred KRW 15 million to the Dop Corporation account.

However, at the time, the Defendant had been in the situation where a large amount of debt is accumulated from around 2014, and there was no special asset and thus, there was a lack of intent or ability to repay the borrowed money, and the additional bank loan was impossible due to the financial situation that was difficult at the time, and there was no use of the money borrowed from the victim to prevent the failure to pay the borrowed money to the victim.

Accordingly, the defendant deceivings the victim and acquired the above 15 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A copy of the statement of complaint and passbook transaction;

1. Investigation report (as to the NIC information response), investigation report (as operated by the person under investigation);

D Business operator’s confirmation of sales details) [The defendant denies the criminal intent of defraudation. However, according to objective circumstances, such as the financial status of the defendant at the time of lending the money of this case, the defendant’s criminal conduct after lending money, etc., which are acknowledged by the evidence above, it can be sufficiently recognized that the defendant acquired money from the damaged person with no intent or ability to repay the borrowed money as stated in the facts constituting the crime in

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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