A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, around April 2, 2010, tried to start a business by acquiring the victim E with the amount of KRW 2 billion “G” located in the Gangnam-gu Seoul Metropolitan City F, Seoul. When 1.6 billion won was prepared and borrowed money to the extent of KRW 300 million, the Defendant would pay KRW 10 million including monthly interest and principal. If he/she fails to pay the money, he/she would transfer the business right of the said entertainment tavern.”

However, in fact, 1.6 billion won was not prepared at all, and there was no fund, and there was no ability to operate the said entertainment tavern, and even if the bonds were to borrow money from the victim, there was no intention or ability to pay it properly.

Nevertheless, the Defendant deceivings the victim as above and received 250 million won from the victim to the bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Details of transactions (number 4);

1. Application of the Acts and subordinate statutes as a copy of the loan certificate (No. 22);

1. Relevant provisions of the Criminal Act concerning the facts constituting the crime and reasons for conviction under Article 347 (1) of the Criminal Act:

1. The defendant's assertion recognizes the fact that he received KRW 250 million from the complainant E, but asserts that he is not guilty by deceiving E and not by deceiving E.

2. The intent of defraudation, which is a constituent element of fraud in the Supreme Court precedents, is, unless the defendant makes a confession, it is inevitable to make a decision by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime (see Supreme Court Decision 95Do424, Apr. 25, 1995). In borrowing money from another person, if the other party has notified about the purpose of the borrowed money or the method of raising funds to repay, the other party would not have been able to accept.