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

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

Punishment of the crime

Even if the defendant borrowed money from the victim B, he did not have the intention or ability to repay it.

1. On December 9, 201, the Defendant made a false statement to the effect that “The head of the Tong shall be paid off to him/her, if he/she lends money to the head of the Tong/Dong-dong, Yeonsu-gu, Incheon to the effect that “The head of the Tong shall not be allowed to leave the head of the Tong under his/her name,” and if he/she lends money to him/her, he/she shall be paid off the head of the Tong, if one week elapses.”

The Defendant, by deceiving the victim, received 2,40,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired it by fraud.

2. On December 16, 2011, the Defendant called the victim at the same place as indicated in paragraph (1) of the attached Table of Crimes, and acquired money of 7,130,000 won on nine occasions from around that time to January 13, 201, including the transfer of KRW 2,10,000 won from the victim by making a false statement to the victim that it is urgently needed to pay a fine, and that he/she received money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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;