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 October 209, the Defendant stated, “Around 2009, the Defendant loaned KRW 30 million to the victim E in order to carry on the business of manufacturing scriptive goods from the office of the D located in the Gunsan-si, Si, Gun.” The Defendant stated, “A repayment will be made without molding until February 27, 2010.”

However, in fact, FF farming association operated by the Defendant did not have a common share capital, and the land and superficies in the name of the said corporation exceeded its assets, such as the right to collateral security of KRW 215,600,000 with the maximum debt amount, and the right to collateral security of KRW 100,000 with the creditor G, etc. The sales in 2009 had not been carried out de facto because of the fact that there was no sales in 209, and the Defendant did not have any capacity or intent to repay the debt amount of KRW 30,00,000 against the victim, even if the Defendant borrowed the debt amount of KRW 4 million with the amount of KRW 20,00,000 from the victim

On October 9, 2009, the Defendant received 15 million won in cash from the victim’s house at D’s house, and on October 28, 2009, received cash 15 million won in the same place at the same time as above, and received KRW 30 million in total as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statements of each accused in the second and third protocol of trial;

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

1. The statement of each part of the police interrogation protocol against the accused (including the E's statement part);

1. Statement to E by the police;

1. A detailed statement of transactions by account and each detailed statement of transactions;

1. F agricultural partnership standard financial statements, certified financial statements, certified copy of the register, and replies to the request for investigation cooperation;

1. Investigation report (related to failure to submit evidentiary documents as corporate capital);

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