A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 25, 2008, the Defendant: (a) at the mutual infinite coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul on August 25, 2008, the Defendant concluded that “If the Defendant borrowed KRW 80 million to the head of the business, it would be difficult to make a payment of the interest at 24% per annum; (b) the Defendant would pay the interest at the 24th of August between August 25, 2008 and August 24, 2012 by paying a certain amount of principal on the 24th of August; (c) if the interest and a certain amount of principal are not paid on the date of the said promise, the Defendant would first live in the business place (Seoul building C. 608; hereinafter residence).”

However, at the time, the amount used by the defendant as living expenses exceeds the revenue, and furthermore, the deposit that the defendant intended to provide as security was extinguished, and thus, he did not have the intent or ability to repay even if he borrowed money from the victim.

The Defendant, as such, by deceiving the above victim, received KRW 80 million from the above victim on the same day.

Summary of Evidence

1. Some police suspect interrogation protocol against the defendant;

1. The police statement concerning B;

1. Cash loan contract, letter of order;

1. Court rulings;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 55 pages);

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment [Determination of type 10 million won or less] General Fraud [Determination of the recommended area] Basic Field / [Scope of punishment] 6 months to 1 year and 6 months [Scope of Penalty] applicable provisions: the statutory penalty under Article 347 of the Criminal Act: 1 month to 10 years [Determination of sentence], the number of damages in this case and the fact that considerable period of time has elapsed after the defendant acquired money from the victim, and that considerable income has not been repaid most of damage. It is so decided as per Disposition for the above reasons.