Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Around August 2012, the Defendant made a false statement to the victim C who is a neighboring resident at an E cafeteria operated by himself/herself in Suwon-gu, Busan, stating that “If he/she lends 4 million won or more, he/she needs to pay money, two copies of interest shall be paid, and he/she shall be paid in full at an early date.”

However, in 2007, the Defendant did not have any intent or ability to repay money even if he borrowed money from the victim because most of the funds required at the time of opening the restaurant was appropriated for bonds and disbursed as interest, etc. for most of the profits gained by operating the restaurant.

The Defendant, as such, by deceiving the victim, received 4 million won from the victim as the borrowed money, i.e., from the victim.

2. On June 15, 2013, the Defendant made a false statement to the victim C at the above E cafeteria, stating, “When the Defendant lends 5 million won or more, he/she will make two copies of interest and make a full payment within two months, and when he/she borrowed 4 million won or more, he/she will make a full payment.”

However, the defendant had no intention or ability to repay the money even if he borrowed the money from the victim because the defendant had been unable to repay the debt with the money borrowed from the lender or another person because he/she had paid the debt with the money borrowed from the lender.

As such, the Defendant, by deceiving the victim, was given KRW 5 million from the victim, who was in his seat, to receive KRW 5 million as a loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The scope of liability for damages under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation;