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

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

Punishment of the crime

On February 22, 2013, the Defendant made a false statement to the victim F at the “E” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, stating that “No credit or arrears due to the payment of bank interest arises, and no credit or arrears due to the payment of bank interest will accrue,” and if lent, it will make payment after 2-3 days thereafter.”

However, at the time, the Defendant was unable to pay interest on the loan obligations worth KRW 10.64 billion from time to time, and even if the Defendant borrowed money from the victim due to economic difficulties, such as the failure to pay monthly salary to the employees of Lestops who had been in operation, there was no intention or ability to repay it in time.

Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained a total of KRW 20 million from the victim and obtained a total of KRW 20 million from the two copies of the KRW 10 million check on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (report appended to a judgment);

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

1. The Defendant, as to the assertion of the Defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act at the time of borrowing money from the victim, was sufficiently able to repay the said real estate by possessing a total of ten billion won or more at the time of borrowing money from the victim, but thereafter, the Defendant did not repay the money borrowed from the victim due to the fact that an auction was conducted on the said real estate on the grounds of default of national taxes, etc., and thus, the Defendant alleged that the Defendant has no criminal intent to obtain money. As such, the following circumstances acknowledged by the evidence duly adopted and duly examined by the court, namely, the Defendant was liable for a loan of KRW 10.64 billion at the time of borrowing money from the victim, and the Defendant borrowed money from the victim to meet this difficult interest.