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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On December 20, 2012, the Defendant: (a) on the part of the victim D, operated by the victim D in Young-gu, Busan Metropolitan City; (b) on the part of the victim, the Defendant: (c) did not intend or have an ability to pay the credit even if he was provided with the credit from the victim; (d) did not intend or have an intent to pay the credit amount; (e) on the part of the victim, the Defendant issued an order to pay the credit amount with the amount of three million won on board the ship to pay the credit with the credit amount; and (e) on the part of the victim, the Defendant did not pay the credit amount of KRW 120,00,000, total amount of alcohol and the credit amount of KRW 120,000,
On December 20, 2012, from around May 21, 2013 to May 21, 2013, the Defendant obtained the pecuniary benefits equivalent to the same amount by acquiring the said amount by obtaining the credit, even though he/she did not pay a total amount of 3,236,00 won and the share of 30 times as stated in the “amount of foreign currency” in the attached list of crimes.
2. Around December 20, 2012, the Defendant: (a) made a false statement to the victim D, stating that “A loan of KRW 100,000 to the victim D shall receive KRW 3 million from the advance payment; and (b) he/she shall make a full payment without the mold.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
On December 20, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 100,000 from the victim as a loan from the said place on or around December 20, 2012; and (c) received from May 22, 2013 all KRW 5,150,000 in total over 31 occasions as shown in the list of crimes in the annexed crime list.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. Examination protocol of the accused by the prosecution (including the DNA statement section);
1. Investigation report (No. 77 No. 55 of the evidence list);
1. Application of the Acts and subordinate statutes concerning G account books and copies thereof;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.