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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 2014, the Defendant became aware of the victim E, a representative lawyer of D, who works as a site store at the small joint branch of B Bank, while taking charge of the sales loan of C hotel in Jung-gu Seoul Metropolitan Government, and conducts the registration of D's hotel.

On November 2014, the Defendant made a false statement that “The Defendant would pay a credit card payment to the victim prior to the above C hotel because of the drinking value because of a large number of drinking spaces. The Defendant borrowed KRW 10 million as the credit card payment needs to be paid.”

However, in fact, the Defendant, at the time, did not have any intent or ability to repay the loan amounting to approximately KRW 150,000,000,000 to financial institutions, even if he/she borrowed money from the victim, such as lending of approximately KRW 1,50,000,00 to the principal and interest each month, and half of the payment was seized due to the guaranteed obligation to others.

Nevertheless, the Defendant, as such, by deceiving the victim, received the total amount of KRW 33 million from each transfer of KRW 10 million around November 20, 2014, KRW 300,000 around December 15, 2014, and KRW 20 million around March 23, 2015, from the victim’s account in F’s name G bank (H) that is the place designated by the Defendant from the victim.

Summary of Evidence

1. A witness E, I's legal statement, and witness F's legal statement;

1. The fourth suspect interrogation protocol of the defendant against some police officers;

1. Responses, certificates of money borrowed, details of deposit transactions, and application of Acts and subordinate statutes on details of each financial transaction upon request for investigation and cooperation;

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

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel did not borrow money from the victim with the intent to acquire money, and the victim delivered 33 million won to the victim.