Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

1. On June 12, 2009, the Defendant: (a) at the “E office” office of the victim D’s operation in Gwangju Mine-gu; (b) at the time, at financial institutions without any particular property at the time, bears the obligation to pay approximately KRW 20 million to the financial institutions; and (c) even if the Defendant was to receive transportation expenses from the customer by carrying out cargo transport business, even though the Defendant did not have the intent or ability to fully repay the money borrowed from the victim due to a large amount of the obligation to pay the money; (d) by means of false statement, the Defendant: (a) provided that “I would immediately repay the money borrowed from the victim, if I want to pay the money of KRW 2 million,000,000,000,000,000 from L

2. On August 13, 2009, the Defendant, at the place of Paragraph (1) around August 13, 2009, received money from the victim for the foregoing reason, and acquired money from the victim for the purpose of borrowing money from the victim despite the absence of the intent or ability to repay the money properly. However, if the Defendant borrowed money from the victim with the attorney’s expense, he/she would be repaid with KRW 2 million prior to the completion of the lawsuit, if he/she borrowed money with the attorney’s expense, then he/she received money from the victim for the purpose of borrowing money.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Each statement of the defendant and D among the suspect interrogation protocol of the police against the defendant;

1. Statement made to D by the police;

1. A copy of the protocol of interrogation (Evidence No. 9) of the accused and the defense counsel’s assertion is denied by asserting that the accused and the defense counsel had the intent and ability to repay to the accused at the time of the instant loan, but the accused and the defense counsel did not repay the obligation due to the difficulty in the business after the loan.

On the other hand, the criminal intent of defraudation, which is a constituent element of fraud, is not a confession of the defendant, so long as the defendant does not make a confession, the history, environment, contents of the crime, and transactions before and after the crime