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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

In around 2006, while the Defendant became aware of the victim C, who is a patient at the same hospital, due to a traffic accident, paid interest to the victim and used money, the economic situation is difficult due to the husband’s business failure. From around 2008, the Defendant used the credit card cash service to the victim and lent it to the victim and paid the money in the following month.

On December 2, 2012, the Defendant stated that “A large number of money is difficult, no money is dead, and if four money is lent, the Defendant would return money to the pawnban and return money again.”

However, due to the above economic situation, even if the defendant borrowed precious metal from the victim to be used as a security and borrowed cash, he did not have the intention or ability to repay the said precious metal to the pawnpo and recover the said precious metal.

As such, the Defendant, by deceiving the victim, was issued 120,000 won and 20,000,000 won at the market price (3 million won at the market price) from the victim’s gold bars owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to pawned contract [the criminal intent is recognized in light of the financial status of the defendant, the circumstances at the time of delivery of the items stated in the facts constituting the crime, and the fact that money has not been repaid even until the expiration of a considerable period of time from the date of delivery

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;