Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

On April 13, 2011, the Defendant phoneed to the Korean bank account (C) of the Defendant (hereinafter “Defendant”) located in Ansan-si, Jeoncheon-gu, Jeoncheon-gu, Ansan-gu, and made a false statement that “I wish to repay five million won to the credit loans that are workplace-based, by the end of March 26, 2014, up to 2.5 million won each month,” and the Defendant received five million won from the victim company to the Defendant’s bank account (C).

However, the defendant was at the time to bear obligations exceeding 100 million won due to bank obligations and credit cards, etc., and the defendant was at the time to pay the interest, so even if he borrowed money from the victim company, he did not have the ability to pay the money as agreed.

In this way, the defendant was given property by deceiving the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements and accompanying documents of D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Selection of an alternative fine for punishment;

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that even though there was a lot of debt at the time, they did not have any intent to commit fraud because they had been repaid.

In this case, it is recognized that the defendant has paid 250,000 won per six times per month for the loan of this case, and the victim was the lender, who was aware of the credit rating of the defendant at the time of the loan as the lender.

① However, the Defendant was able to obtain a certain amount of credit loan as a public official, but there was a financial obligation of 100 million won or more in the past (the name of the Defendant was 70 million won or more). In fact, most of the above benefits were consumed for the repayment of the existing debt, and thus there was no way to repay the said benefits in a normal way. ② As a victim of credit business, the credit bureau alone has a specific economic situation of the Defendant.