Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

From April 2006, the Defendant had been working to establish D Co., Ltd. from Kimcheon-si to Kimcheon-si, but it was difficult to suffer from the shortage of funds. Ultimately, around July 2007, the business was discontinued and was in bad credit standing without any assets at the time.

Around May 8, 2007, the Defendant stated to the victim G that “A new construction of the J plant in the Hodong-si H site was secured and the remainder remains, and the Defendant started immediately after the month.” The Defendant loaned money to the victim G in the Franchis shop located in Daegu Sung-gu E, Daegu, 2007, stating that “The Defendant shall be repaid within 60 days if he/she borrowed money to use it as the promotion cost for the project and will be granted a construction right.”

However, in fact, on April 19, 2007, the Defendant entered into a sales contract of KRW 6,50,000 for the above site, and the Defendant failed to pay more than KRW 20,000,000,000, which is part of the price, and thus, failed to secure early the project site. In addition, there was no specific plan to raise the anticipated cost of KRW 15,000 in accordance with the business plan or there was no money to do so.

As a result, even if the defendant receives money from the victim, he did not have the right to execute or have no intention or ability to repay the borrowed money to the victim within a short period.

Nevertheless, the Defendant, by deceiving the victim, obtained KRW 30 million in total from the Bank’s cashier’s checks issued by the Bank of Korea on the same day, and acquired KRW 25 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and K;

1. Application of borrowed documents and cashier's checks Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the defendant repented his mistake, agreed with the victim, and his health status is good due to the elderly master cancer.