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

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

Punishment of the crime

1. On September 17, 2007, the Defendant calls to the victim B at an infinite place and pays off the amount to the victim B, whichever is earlier, because he/she has leased five million won to the victim B.

The Defendant stated, “....” However, the Defendant did not have certain income at the time and did not have any intent or ability to repay the said borrowed money even if he borrowed money from the victim. As such, the Defendant, by deceiving the victim, was remitted KRW 5 million to the Defendant’s account (Seoul AFC) from the victim. On November 1, 2007, the Defendant called, “If he borrowed KRW 5 million to the victim, he would be repaid with the money borrowed prior to the lending of the said money.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim on the ground of Paragraph 1.

Accordingly, the defendant deceivings the victim and received 5 million won from the victim's account (CFFC).

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s protocol of examination of suspect against the defendant to the prosecution

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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