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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. On December 14, 2011, the Defendant made a false call to the victim B, who was a workplace partner, to the effect that “I would pay KRW 300,000,000 as if the Defendant had no living cost, and then borrowed KRW 300,000,00,000 to the end of December.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as such, received 300,000 won from the victim who believed it to the account of community credit cooperatives in his/her name.

2. On December 23, 2011, the Defendant continued to use the victim’s telephone to repay the bonds if the interest burden is too high, and thus, the Defendant borrowed KRW 6 million to repay the bonds, and the Defendant would pay the full amount of the borrowed money to the business establishment that is operated by the end of January 2012.

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as such, received KRW 6 million from the victim who believed it to the same account as that of paragraph (1).

Accordingly, the Defendant received a total of KRW 6,300,000 from the victim twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes for transfer certificate;

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 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;