Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On July 22, 2015, the Defendant concluded that “D” main points of “D” operated by the Defendant in Nam-gu Incheon Metropolitan City, stating that “If the Defendant lends KRW 15 million to the Victim E, he/she shall pay interest at an annual interest rate of KRW 18% per month and shall repay the principal after five months.”

However, in fact, from around 2014, the Defendant did not have any profit from the sales of the said main office, and was in difficult circumstances to pay interest on KRW 50 million for the existing debt, and was planned to use the borrowed money from the victim to repay the said debt, and thus, there was no intention or ability to repay the said money within the agreed time limit even if borrowing the said money from the victim.

Accordingly, the defendant deceivings the victim as above, and obtained 15 million won from the national bank account in the name of the defendant on the same day from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificates of borrowing or certificates of deposits without passbook;

1. Application of Acts and subordinate statutes to investigation reports (verification and investigation of details of passbook transactions);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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