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

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

Punishment of the crime

On July 23, 2019, the Defendant agreed to pay 24% interest each month on July 22, 2024 when he applied for a loan of KRW 5 million to the victim (owner) by mail in the Dongdaemun-gu Apartment-gu apartment unit C, Seoul Special Metropolitan City, which is the Defendant’s residence.

However, at that time, the Defendant had already been liable for the total amount of KRW 200 million, such as loans, credit card payments, and bonds, and the Defendant had a plan to apply for personal rehabilitation immediately after receiving a loan from the injured party. Therefore, even if receiving a loan from the injured party, there was no intention or ability to pay the loan normally.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. The loan transaction contract, personal rehabilitation decision, and credit information inquiry details about E in the police statement protocol of E [the defendant and his/her defense counsel] that the defendant was unable to repay with the loan from the injured party, or that the defendant had the intention and ability to repay at the time of receiving the loan, and therefore there was no intention

The argument is asserted.

On the other hand, the following circumstances acknowledged by the evidence of the judgment, namely, ① at the time of receiving a loan from the injured party, the Defendant was holding only an apartment house equivalent to approximately KRW 180 million in the market price at the time of receiving the loan from the injured party (as of July 23, 2019), while at the same time, the Defendant was bearing the above apartment mortgage loan amounting to approximately KRW 210 million, including KRW 120,000,000,000,000, and was in excess of the obligation. ② At the time of the loan, the Defendant paid interest on the above existing loan, etc., and was in a position to cover the living expenses, such as child support, to the police.