Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

around 15:00 on February 1, 2010, the Defendant called the victim E to “I will pay back money immediately if I lend money to the victim because I urgently require money to run a slaughterhouse-related business and have money paid three days later.”

However, in fact, the defendant was unable to pay the amount equivalent to KRW 450 million for personal debts at the time, and was urged by the creditor, and there was no intention or ability to pay the amount even if he borrowed money from the victim because there was no particular property or income.

Accordingly, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the national bank account in the name of the Defendant as the borrowed money on the same day.

Summary of Evidence

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

1. Legal statement of witness E;

1. Application of the second police interrogation protocol to the defendant in part of the protocol

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged fact that the defendant borrowed KRW 35 million from the victim is acknowledged, but it does not constitute a crime of fraud because the defendant had no intention or ability to pay the money at the time of deception.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, namely, the Defendant was unable to repay the amount of KRW 35 million after three (350 million to the victim at the time of lending money from the victim to the investigative agency, and the Defendant was given a statement that recognized that the Defendant did not have an economic ability to repay money to the complainant with the amount of KRW 450 million (see, e.g., Supreme Court Decision 60 and 61, supra).