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 January 2018, the Defendant stated that “The Defendant would open and operate the indoor golf practice course in an innovative city” to the victim B, “The Defendant would be able to repay the amount of money deducted from the tax office within one month, because it would be 20 million won.”

However, the defendant did not have a situation to open an indoor golf range within one month, and there was no intention or ability to repay money normally within one month, even if he borrowed money from the victim because he/she thought that he/she would repay other debts with the deducted money from the tax office.

As above, on January 12, 2018, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Cbank account (D) in the name of the Defendant, and acquired KRW 20 million in total from the Defendant to the above account on January 13, 2018, respectively.

Summary of Evidence

1. Legal statement of the witness B;

1. Each investigation report (the sequence 6, 7, 8, 11 of the evidence list) is asserted by the defendant and his/her defense counsel;

1. The gist of the assertion was that the Defendant actually tried to start the business of screen golf courses, and the Defendant was unable to start the business at the wind that could not connect the “G” to the F head office due to the cause attributable to the Plaintiff E (hereinafter “E”).

The defendant only failed to repay to the victim inevitably, and there was no intention to repay and ability to repay at the time of borrowing, and there was no intention to commit deception and fraud.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant, even though he did not have the intent or ability to repay the borrowed money within the time limit agreed to by the victim, by deceiving the victim, and at least by deceiving the victim, can be recognized as the intention of defraudation.