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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

Notwithstanding the fact that the Defendant has a debt equivalent to KRW 7 million and there is no special property, and even if he/she borrowed money from the victim C even if he/she did not have an intent or ability to repay it at once, the Defendant received KRW 2 million from the victim’s office at around 10:00 on August 28, 2010, by falsely stating, “A loan of KRW 1,00,000,000 is operating a F cafeteria, but in the number of days, he/she will pay KRW 40,000 on the same place as of August 30, 2010, the Defendant received KRW 300,000 from the victim, namely, “A loan of KRW 1,00,000 in addition to a loan of KRW 1,00,000,000 from the victim’s office on October 25, 2010.”

Summary of Evidence

1. The defendant's partial statement and C's legal statement;

1. The application of Acts and subordinate statutes to data replys (NE credit assessment information), peremptory notices, investigation reports (G business operator confirmation reports), replys to requests for investigation cooperation;

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

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

1. The Defendant asserts that the Defendant had the intention and ability to repay at the time of borrowing the instant loan, as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act.

It is recognized that the defendant has repaid 680,000 won in total for 17 days after he borrowed money from the victim.

However, the defendant seems to have not operated the F cafeteria at the time of the loan of this case, and the revenue was unstable.

In particular, after partial repayment of the above money, contact with the victim was discontinued, and around October 2010, the victim did not pay the entire amount of money, and there was no additional payment so far.

Considering the above circumstances comprehensively, the Defendant borrowed the instant loan.