Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

Around 17:00 on May 15, 201, the Defendant told the victim E (the age of 59) who worked together in Dong, a bus company, that “it is essential to lead a family life, with a cash of 2 million won, after a month,” that he/she will repay at the street around his/her house in Dobong-gu Seoul Metropolitan Government.

However, even if the defendant borrowed cash from the victim, he did not have the intention or ability to pay the amount.

The Defendant, as above, by deceiving the victim, received 2 million won in cash from the victim, who is in its possession.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement recorded outside the trial date of a witness E ( January 22, 2015);

1. Each of the loan certificates and defense counsel asserts that, at the time of borrowing money from the victim, the defendant had the intent or ability to repay the money to the defendant, and there is no intention to obtain the money, fraud does not constitute crime.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court are as follows: (a) the Defendant did not own any property at the time of borrowing money from the victim; (b) the Defendant was also liable for a credit card payment amounting to KRW 8 million; and (c) the Defendant was also liable for a credit card payment amounting to KRW 2.5 million; (d) the Defendant was unable to fully repay the principal and interest during three years and four months from September 30, 2014 after borrowing money from the victim; and (c) the Defendant was paid a salary of KRW 2 million per month at the time of the instant case, but it appears that the Defendant had lost the ability to repay money at the time of borrowing money from the victim; and (e) the Defendant was aware of such fact and was stated in the decision.