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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. On January 14, 2010, the Defendant made a false statement to the effect that “If the Defendant lends KRW 10 million to the victim C, the principal shall be repaid within three months and the interest at 5% per month shall be paid.”

However, the fact was that the defendant was in bad credit position at the time, and there was no intention or ability to repay the money to the victim within three months because there was no special income or property.

As above, the Defendant, by deceiving the victim as above, received from the victim the delivery of KRW 10 million as the borrowed money from the victim.

2. On July 20, 2010, the Defendant made a false statement to the effect that “A victim C shall be repaid at KRW 3 million after five days if he/she lends KRW 2 million to the victim C at a company office located in Gangnam-gu Seoul.”

However, at the time, the defendant was in bad credit standing, and there was no intention or ability to repay the amount of money to the victim with no special income or property five days after the five days.

As above, the Defendant, by deceiving the victim as above, was given KRW 2 million from the victim who was in its possession as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of police interrogation of some police officers against D and E;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to letter of guarantee (D January 14, 2010), 10 million won loan certificates (A January 14, 2010)

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 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;