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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On December 17, 2015, the Defendant told the victim E to “D” office of the oral manufacturer of Defendant’s operation in Seongdong-gu Seoul, Seongdong-gu, that “if the domestic factory operation fund is insufficient, the amount of KRW 20 million per month interest shall be paid to the victim E, and in May 2016, the amount of the time limit shall be paid KRW 20 million per annum.”

However, the Defendant, at the time, planned the F to escape KRW 50,00,000 from the fraternity around February 2016, but was already in excess of his/her obligation, and the D employees’ monthly salary was not sufficient to pay the fraternity in time, and thus, the Defendant was unable to pay the fraternity in time. Therefore, even if he/she was to pay the fraternity from F, he/she was required to appropriate it for the payment of the fraternity deposit or the factory operation fund, and did not have any intent or ability to pay the funds borrowed from the victim as agreed upon.

Accordingly, the Defendant acquired money of KRW 20 million from the victim to the Korean Standards Bank account (G) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Sentencing sentence for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order: A person who is sentenced to a fine of 8 million won: A person who is sentenced to a fine of 6 months: A confession, payment of interest (4 million won), and a person who has no criminal record of the same kind (two times a fine), etc.; and