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

Around 2008, the Defendant did not have any intention or ability to repay money within the agreed time limit, even if he/she borrowed money from the victim C (or 55 years of age) due to economic circumstances, such as having no particular occupation or property and not repaid a large amount of money from another person.

1. Around August 18, 2008, the Defendant called the victim by telephone, stating that “If the Defendant was to pay KRW 700,000,000 to the police because he was unable to pay a fine or failing to pay a fine, he would pay KRW 700,000,000 to the police”, the Defendant received from the victim a remittance of KRW 70,000 from the victim to the account in the name of the Defendant.

2. On September 6, 2008, the Defendant: (a) falsely stated that the victim borrowed KRW 14.96 million from the victim’s place of “D” but is not fully repaid; (b) thus, the victim would have to pay KRW 1,00,000 per month in lieu of this money; (c) and (d) thereby having the victim pay the above KRW 14.96 million on behalf of the Defendant, thereby having the victim obtain pecuniary benefits equivalent to the same amount.

3. Around March 2, 2009, the Defendant: “Around March 2, 2009, the Defendant borrowed this money to the said victim within two months if it is urgently required to pay the said money; the Defendant obtained KRW 10 million from the victim and acquired it by deception.”

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of C;

1. A complaint;

1. Application of Acts and subordinate statutes to documents submitted by complainants;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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