Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

Some of the facts charged were revised to the extent that it does not interfere with the defendant's defense right.

On June 2013, the Defendant borrowed KRW 1 million as the amount of traffic accident agreement is required and repaid to the victim E (W, 63 years of age) in the Dongcheon-si, Gyeonggi-do (Y, Gyeonggi-do) located in the Dongcheon-si, Gyeonggi-do.

“The complainant was the victim.”

However, even if the defendant borrows money, he did not have the intention or ability to repay it.

Nevertheless, from June 2013 to March 2015, 11,000 won, such as deceiving the victim and borrowing one million won from the injured party, was acquired through the means of borrowing 11,085 million won through a total of 11 times, such as crime inundations from June 2013 to March 2015.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Three copies of a certificate of deposit in cash, and two copies of a statement of loan;

1. Details, a written application for payment order, account details, etc.;

1. Application of Acts and subordinate statutes, such as a copy of bankbook;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the defense counsel’s assertion under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The summary of the assertion itself recognizes the fact that the defendant borrowed the money stated in the facts constituting the crime from the injured party, but the amount is not correct.

In addition, the defendant thought at the time of borrowing money from the injured party that he would receive a sublime farmer's death or money, but did not pay to the injured party later because it was difficult in the situation or did not receive the loan, so there was no intention to commit fraud.

2. Determination

A. According to the statement of the witness E in this court, the statement of borrowed funds prepared by the victim, and the cash custody certificate prepared by the defendant, etc., the defendant shall be damaged by the victim.