Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

Around March 201, the Defendant, even though living together with C, promised the victim to marry by approaching the victim D to marry, and if the victim who was operating the “E” restaurant at the time, disposes of the said restaurant, he/she would have the victim make it easy for the victim to live an “number of days” as the disposal proceeds. Accordingly, the victim disposed of the said restaurant at KRW 23 million on April 27, 201.

On April 29, 201, the Defendant: (a) stated that the victim has cash by disposing of the restaurant as above; (b) stated that “on the day of Saturdays and Sundays, the victim will use in cash and return to the victim on a monthly day only if he/she lends money to him/her on a Saturday and Sundays; (c) received KRW 10 million from the victim; (d) to the F account in the name of the F; and (e) KRW 4 million from 15:00 on the same day; and (e) affix the following seals to the victim:

4. 30.5 million won has been remitted.

However, the defendant did not operate the horse site, there was no certain occupation, and there was no intention or ability to pay the money even if he borrowed money from the victim because there was no special property that he managed.

As above, the Defendant made a false statement to the victim, and obtained a total of KRW 19 million from the victim and acquired it by fraud.

Summary of Evidence

1. Statement made by witnesses D in the fourth trial records;

1. Statement made by C of a witness in the fifth trial record;

1. Statement of each police statement concerning F;

1. Determination as to the assertion by the defendant and his defense counsel

1. The actual borrower is not the defendant but the F, and even if he is recognized as the borrowed fact, he/she has the intention and ability to repay.

2. First of all, the victim borrowed money from the victim's health account, the circumstances revealed by the witness D's statement in the fourth trial record, and each police's statement in F's statement in the police statement, namely, the defendant borrowed money directly to the victim and borrowed money from the victim.