Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 2, 2018, the Defendant made a false statement that “The Defendant would make a down payment within one week if he/she lends KRW 10 million to the Defendant, because he/she is unable to pay the down payment because he/she is all together together with the shares that he/she intends to get a director in the vicinity of the inside.”

However, at the time of fact, when the defendant's debt amount reaches KRW 100 million, if the purchase of loan did not proceed as scheduled, it was thought that it will be used for the above debt repayment and stock investment without returning it to the victim.

Around February 8, 2018, the Defendant, by deceiving the victim as above, received money of KRW 10 million from the victim to the D Account of Hana Bank from the victim and acquired it by defrauded.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

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. The defendant and defense counsel of Article 334(1) of the Criminal Procedure Act asserts that the defendant and defense counsel of the provisional payment order did not specify the purpose of the borrowed money at the time of borrowing the money from the victim, or did not set the due date and did not have sufficient ability

However, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e.,, the victim consistently stated at the investigative agency to the effect that “the defendant has consistently lent only one week money to the defendant for the purpose of lending down payment,” and ② the victim terminated two installment savings and prepared KRW 10 million even if it is not sufficient, and the defendant is aware of the repayment plan, such as the purpose of the borrowed money and the due date.