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

On July 18, 2013, the Defendant made a false statement to the victim F at the E office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “The Defendant may receive a bank loan guarantee equivalent to KRW 45 billion, because it may receive a bank loan guarantee in an amount of KRW 45 billion in relation to the land development project that is in progress.”

However, even if the fee is paid, there was no intention or ability to accept the bank's loan commitment.

The defendant received 20 million won from the victim to the agricultural bank account in the name of H as a fee for the same day, and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of the relevant laws and regulations on witness F, I and J's respective legal statements;

1. According to the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act, and each evidence of the judgment of the choice of fines, the Defendant is recognized to have received KRW 100 million from the victim under the pretext of receiving a letter of loan guarantee from the victim.

Although the defendant and his defense counsel argued that the victim requested a loan certificate and the defendant issued it, the loan certificate issued by the defendant is merely a mere fact that the bank's loan certificate is not an official document issued by the bank, but it is possible to examine the loan if the contents of the loan are met by an individual with friendship. It is not a common sense that the defendant received KRW 100 million in return for receiving such documents.

The victim appears to have been planning to obtain a loan from a financial institution on the basis of the above land and carry out the business by borrowing money from the bond company, while the victim appears to have been planning to pay the loan from the financial institution. In order to believe that the bond company is able to receive the loan, it was necessary to have a letter of commitment to issue the financial institution to the bond company, and the victim is 10 million won.