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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

Defendant,

1. Around December 22, 2011, at the main point of “E” operated by Dongducheon-si C apartment complex 9, a commercial building underground D, the victim F working at the said business establishment, saying, “I would like to operate E, but if you want to operate E, I would lend KRW 15 million due to lack of operating funds, I would give interest on the second part of the month, and will pay the price by January 30, 2012 after selling the textile factory operated by the husband.”

However, at the time of fact, the defendant was liable for the obligations of Suwon, and there was no special revenue, so even if he borrowed money from the victim, he did not have the intention or ability to repay, and the her husband sold a textile plant.

Ultimately, the Defendant, by deceiving the victim as above and by deceiving the victim from the victim to the agricultural bank account in his/her name on December 26, 201, the amount of KRW 10 million on the same day as the loan from the victim, and KRW 5 million on December 26, 201 (the sum of KRW 15 million).

2. On the date, time, and place of the above Paragraph 1 above, the victim D made a false statement to the victim D that “In order to operate E business, there is insufficient operating funds. If, until February 28, 2012, the victim would pay KRW 15 million for the sales price of a husband’s fiber factory until February 28, 2012.”

However, the defendant did not have the intention or ability to pay premiums to the victim for the same reason as paragraph (1).

Ultimately, the Defendant, by deceiving the victim as above, did not pay the premium of 12 million won (3 million won on the same day) and operated E main points, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statements made by witnesses F and D in the second protocol of the trial;

1. Some statements in the police statement concerning G;

1. Investigation report (report on the contents of H currency of a witness);

1. The loan certificate;

1. Application of Acts and subordinate statutes on account statements;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;