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

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

Punishment of the crime

The defendant shall lend money at the D Job Referral located in the Namnam-si, Seoul around August 2015 to him/her within three months from his/her lending of money.

The victim E borrowed money from August 12, 2015 to August 27, 2015 by receiving 9.9 million won over four times.

Even if the defendant borrows money from the injured party, he did not have the intention or ability to pay the money.

Nevertheless, the defendant deceivings the victim as above, and he borrowed 9.9 million won from the victim, thereby deceiving the victim.

Summary of Evidence

1. Legal statement of witness E;

1. The witness F’s statement (i) the statement that he/she wishes to separately receive the money of each party he/she borrowed from the Defendant on February 2016, 2016, and (ii) the statement that “E deposited eight million won in E passbook” as stated in the F’s loan certificate (No. 2, the Defendant’s evidence list, and No. 5, the Prosecution evidence list) on June 3, 2016. This statement states that “E deposits eight million won in E passbook.” In the circumstances where he/she has been paid eight million won from E, and “E” means that he/she would pay eight million won directly to him/her; (iii) there was no agreement between E and the above loan certificate at the time of the preparation of the above loan certificate; and (iv) there was an agreement between E and the Defendant that he/she later made a statement to the effect that he/she would have paid the money.

On November 28, 2016, a written agreement was prepared with the Defendant, but the third trial date of the instant case did not receive payment of damages from the Defendant until the date of the trial)

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of a bankbook (Evidence No. 38 through 40 pages);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;