Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant was thought to lend money from the victim C to another person as gambling money, and even though he did not have any intent or ability to repay the money, the Defendant would lend money to the victim on November 9, 2016 by phone calls from the victim.

‘Falsely speaking, it shall be obtained from the injured party with KRW 15 million, and shall be acquired through deception, and (2) on November 13, 2016, the phone call was made to the injured party and the remittance limit was exceeded.

It shall be repaid three hours after lending money.

‘Falsely speaking, it shall be acquired from the injured party 5 million won by acquiring 5 million won from the injured party, and (3) on December 28, 2016, if the injured party lends money to the injured party on another day within six months, it shall be repaid in full.

If money is not repaid, it shall be transferred in the name of the contractor of the leased officetel.

“Falsely speaking, it was acquired from the injured party the sum of KRW 5 million around December 28, 2016 and KRW 5 million around January 4, 2017, including KRW 10 million.

Summary of Evidence

1. Legal statements by witnesses C and D;

1. Each investigation report (with respect to the statement and confirmation of account transfers, each sheet, and the details of the use of borrowed funds, received from E outside a case);

1. A certificate of custody of cash, written agreement, certificate of borrowing, written confirmation, written statement of maturity for payment, written statement of the date of maturity for payment, and written statement of claim for expenses of the drinking value;

1. Details of text;

1. Application of Acts and subordinate statutes on account transactions in the F name;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice 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 provides that a crime of fraud is not established since the defendant and his/her defense counsel borrowed gambling money from the injured party.

However, the benefit person can not exercise the right to claim the return of the beneficiary because he falls under the illegal cause of Article 746 of the Civil Code.