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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 23, 2012, the Defendant’s “E” operated by the Defendant himself in Ulsan-gu, Ulsan-gu, Seoul-do, to the Victim F ( South, 43 years old) (hereinafter “E”).

The interest shall be paid at 0.5% per month on the loan of money, and the principal shall be repaid until December 31, 2013.

“A false representation was made.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the damaged party for the purpose of operating funds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of the witness F;

1. A protocol concerning the interrogation of the suspect against the defendant (one time);

1. An investigation report (related to Defendant’s telephone call) - According to each of the above evidence, it is acknowledged that the Defendant had an intent to repay the Defendant, in light of the above fact, on February 5, 2018, when the Defendant was unable to fully repay a loan despite the victim’s demands for payment after borrowing money, and the victim first repaid 200,000 won after filing a complaint.

It is difficult to see it.

Although the victim first proposed a loan and lent money as stated in the judgment, the defendant can recognize the fact that the defendant shows that he will repay as a matter of course, so there is a intention of change.

It is reasonable to see that it implicitly notifies the victim to deception him/her.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The main text of Article 62(1) of the Act on the Suspension of Execution (the main text of Article 62(1) of the Criminal Act (the Defendant, upon the formation of an agreement with the victim in a civil lawsuit, repaid KRW 2.1 million up to June 30, 2018, and agreed to pay the remainder in installments, the victim, who had experienced a sense of view, first lent the victim, first lent the victim, thereby taking into account the occurrence of this case, and the fact that the Defendant is the initial offender).