1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Punishment of the crime

1. On July 12, 2008, the Defendant stated that, at the victim D’s office located on the second floor of Jongno-gu Seoul Jongno-gu Seoul building C, the Defendant provided that “The Defendant would provide a vehicle as security and complete payment without a mold one month after the payment of money if there is no first priority for the Defendant to enter and operate a coffee shop and ice cream store in the territory of Osan military unit, and to enter the United States.”

However, even if the defendant borrows money from the victim, he did not have any intent or ability to use it for the expenses of coffee shop and ice cream bid in the military of the United States of America or to pay it to the victim.

Nevertheless, on July 15, 2008, the Defendant received 10 million won from the victim to the Defendant’s bank account in the name of the borrowed money and acquired it by fraud.

2. On August 15, 2008, the Defendant concluded that “The Defendant would pay 40 million won interest on the loan of 40 million won to the victim D at the above location, and to pay 10 million won in a lump sum, which he borrowed before December 30, 2008.”

However, even if the defendant borrows money from the victim, he did not have any intent or ability to use it as a security deposit for coffee shop and ice cream store in the military of the United States of America or to pay it to the victim.

Nevertheless, the defendant acquired the money from the victim through the defendant's bank account on the same day as the money borrowed from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes excluding a letter of performance of obligation or a certificate of loan;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (Selection of a fine in consideration of the fact that agreement is reached on April 14, 2013 with the victim);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.