The defendant shall be punished by a fine of KRW 2,00,000 (per million), but if the above fine is not paid, KRW 100,000 (per million) shall be one day.

Punishment of the crime

On September 4, 2012, the Defendant, at the victim B’s house located in Gwangju Northern-gu Seoul Northern-gu, expressed the Defendant’s attitude that “I will pay back immediately if I lend the office to another place, and I would like to pay the borrowed money properly.”

However, the defendant did not have any property at the time, and even if he borrowed money from the injured party due to no particular income, he could not pay it.

The Defendant received KRW 1.6 million from the injured party on September 4, 2012 and received KRW 7,798,000 in total on four occasions from September 4, 2012 to January 8, 2014, as indicated in the list of crimes in the annexed crime.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to a public prosecutor and the accused by the police (including substitute parts);

1. Each statement made with respect to B or D by the police;

1. Application of Acts and subordinate statutes on filing of a complaint, a copy of a note, and details of account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds that Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the scope of liability to compensate against an applicant for compensation, such as deposit of five million won for victims in the course of trial by the accused, etc.) is not clear;