A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 2, 2011, the Defendant made a false statement to the victim D’s mobile phone agency of “C” operated by the Defendant in Changwon-si, Changwon-si, Changwon-si, with the purport that “If the Defendant lends his mother and child expenses, advertising expenses, and rent 4 million won, it shall be repaid without the mold by the end of this month.”

However, on October 201, the Defendant did not receive a monthly wage from E at the time of accepting the aforementioned mobile phone agent from E, and did not receive any other income than the above agency, and there was no particular income from the said agency. The volume of the above agency’s operation was accumulated, and there was no particular property other than the debt equivalent to KRW 10 million loaned to cover operating funds. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the borrowed money on the fixed date.

The Defendant, by deceiving the victim as such, received 4 million won from the victim to the new bank account in the name of the Defendant under the pretext of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (i.e., confession and reflection, the agreement with the victim and the full repayment of the amount of damage, etc.);

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;