A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 13, 2012, the Defendant would pay the victim E interest of 12% per annum if he/she lends KRW 100 million to the victim E at a certified judicial scrivener office located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul.

“A false statement” was made.

However, around that time, the Defendant had a debt of approximately KRW 80 million on the Nonghyup Bank, and thus, the Defendant did not have any intent or ability to repay the principal and interest even if he borrowed money from the injured party.

On August 13, 2012, the Defendant, by deceiving the victim, was transferred KRW 100 million to the Nonghyup Bank account (Account Number:F) account in the name of the Defendant from the damaged party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A certificate of all registered matters;

1. A notice on a dividend payment date;

1. Notice of the date of sale and the date of sale decision;

1. A copy of the loan certificate or passbook;

1. In the investigation report (Distribution Table) (around the time when the Defendant borrowed money from the injured party, the Defendant had a debt of approximately KRW 800 million to the Nonghyup Bank, and there was no specific property other than the land in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, which was offered as collateral for the said debt, and the victim applied for an auction on the said land after the expiration of March 31, 2013, and the court decided to commence the auction on May 9, 2013, but the Defendant voluntarily withdrawn the auction to repay the borrowed money to the injured party.

On the other hand, the victim withdrawn the above request for auction on December 2, 2013, and the victim did not have yet to elapse after the withdrawal of the auction as above, and the auction procedure was conducted on March 17, 2014 with respect to the above land. In full view of the fact that in the above auction distribution procedure, the dividends to the senior mortgagee did not reach the total amount of the secured claim, and the victim did not receive all the dividends, and that the principal and interest have not been repaid up to the date after the Defendant borrowed money from the person who suffered damage, the criminal intent to obtain by deception is to the defendant.