Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On March 27, 2013, the criminal defendant, on March 27, 2013, he/she, at the “D” restaurant operated by the defendant in Chungcheongnam-nam Budget-gun C, to the victim E, who was aware of the fact that he/she was ordinary customers, would lend 5 million won to the victim E, while he/she would pay the principal up to August 20, 2013.

The phrase “ makes a false statement.”

However, in fact, the Defendant had only an individual obligation worth KRW 8 million without any particular property at the time, and the Defendant’s restaurant was in difficult to operate the restaurant continuously, and thus, there was no intention or ability to complete payment even if he borrowed money from the injured party.

The Defendant received 5 million won from the damaged party as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 30, 2013, the Defendant, on April 30, 2013, lent KRW 50 million to the said victim at the foregoing place on April 30, 2013, with interest on KRW 50 million monthly, and with KRW 10 million prior to the lending of KRW 5 million until July 30, 2013, he/she shall be reimbursed.

The phrase “ makes a false statement.”

However, in fact, the Defendant had only an individual obligation worth KRW 8 million without any particular property at the time, and the Defendant’s restaurant was in difficult to operate the restaurant continuously, and thus, there was no intention or ability to complete payment even if he borrowed money from the injured party.

The Defendant received 5 million won from the damaged party as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Although the Defendant denies the criminal intent by fraud, the Defendant did not have the intent or ability to repay at the time of borrowing, and at least did not have the intention to commit fraud, taking into account the following circumstances acknowledged by the evidence of the ruling.

- At the time of borrowing, the Defendant had suffered a large amount of damages.

- The defendant was in arrears until rent, and was brought a lawsuit from the commercial building owner.

- The owner of a building will receive the premium for commercial buildings.