Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On January 12, 2016, the Defendant: (a) signed a written confirmation to the effect that “I will pay the principal and interest for 60 months from the 25th day of each month on the loan of KRW 3 million to an employee in non-name by walking a telephone to the victim-based loan office; and (b) “IE Evaluation Information (State) has no personal obligation with respect to any third party except for the financial right obligations as stated therein; and (c) sent it to the victim by mail.”

However, at the time, the Defendant had a personal obligation of approximately KRW 82 million borrowed from B, C, D, E, etc., and paid interest of KRW 300,000 per month to the above creditors, and there was no intention or ability to repay the interest even if the Defendant borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired the loan of KRW 3 million from the victim to the KEB bank account (F) in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to loan transaction agreements and written confirmation;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1548, Jan. 2, 2011; Supreme Court Decision 201Da1248, Jan. 2, 2012)