A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant pays 39,427,840 won to the applicant by fraud.

Punishment of the crime

On February 13, 2014, the Defendant had the victim B at the office of the D Company in the Dong-gu Seoul Special Metropolitan City on February 13, 2014, “at present, there is a place where the Defendant has lent money to the victim B.

The phrase “to complete payment” was false.

However, at the time, the Defendant was unable to obtain loans from financial institutions in total amounting to KRW 118,400,000 on 22 occasions from February 12, 2008 to September 5, 2013 and failed to repay the loans. From August 17, 2012, the Defendant did not have any intent or ability to pay the loans properly even if the Defendant borrowed money from the damaged party because he/she borrowed money from a third party, such as workplace rent, or used it as a cost of living.

As such, the Defendant, by deceiving the victim, received KRW 90,00 from the E bank account under the name of the Defendant for the purpose of borrowing money from the damaged party, and thereafter, received from that time all KRW 39,427,840, supra, by April 12, 2016 as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Legal statement of the witness B;

1. Part of the statement made in B during the interrogation of the police officer against the accused (two-time).

1. Statement made by the prosecutor and the police concerning B;

1. B written statements;

1. The details of complaint, bank transactions, certificates of confirmation of transfers, list of individual rehabilitation creditors, F contents, and G replies;

1. Each investigation report, indictment No. 51945, police opinion, indictment No. 51945, police opinion, indictment No. 50267, police opinion, and application of police-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 25 (1) and (2), Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning

1. Although the alleged defendant borrowed money from the victim, it shall not be able to do banking transactions, the defendant shall pay the victim cash.