Defendant shall be punished by a fine of KRW 4,500,000.

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

Punishment of the crime

The defendant is a person who operates an individual enterprise in the D Center 311 in the following cities:

1. The Defendant did not have the ability or intent to repay, even if he/she received a loan from the Bank of Solar Savings Co., Ltd., the Defendant did not have the ability or intent to do so.

Nevertheless, around July 9, 2013, at the Hansan-si, a credit union member applied for a loan to a counselor in charge of the lending of the victim savings bank by telephone, and submitted a loan contract and loan-related documents by facsimile in accordance with the guidance of the Counseling Institute, thereby deceiving him/her as if he/she were to faithfully repay the loan.

The Defendant was paid KRW 5 million from the Victim Savings Bank that believed this to be true to the Defendant’s name as the passbook of a national bank.

2. Around July 15, 2013:11, the Defendant was granted a loan of KRW 500,000 by facsimile a loan agreement and documents related to the loan to the Defendant’s office by filing an application for a loan with the Counseling Institute in charge of lending the victim mountain and the loan company by telephone, and to make it believed that the principal would be able to repay the loan even if he/she received the loan, at the Defendant’s office.

However, even if the defendant was given a loan to the victim, he did not have the ability or intent to repay it.

As such, the Defendant was given five million won by deceiving the victim.

Summary of Evidence

[2014 High Court Decision 130]

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Transaction records of loan and credit account;

1. Application for loan [2014 high-level 192]

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;