Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

At the time of 2010, the defendant did not have certain occupation or income, and even if he borrowed money from the victim B without any special property, he did not have any intent or ability to repay it.

1. On December 7, 2010, the Defendant: “Around December 7, 2010, the Defendant borrowed KRW 2 million to the victim for repayment for 13 months each month on the loan of KRW 2 million to the son in need of money; and that affiliated therewith, acquired KRW 1,741,00,000 after deducting interest from the victim’s agricultural bank account (C) in the name of the Defendant.

2. On December 31, 2010, the Defendant got a telephone from the victim at a closed place and obtained a remittance of KRW 2,691,000,00 from the victim, which was obtained by deducting the advance interest from the victim’s above agricultural bank account in the name of the Defendant, by falsely stating that “If the Defendant borrowed three million won to another person, he/she will be repaid for 13 months each month, 300,000 won per month.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;