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 April 6, 2012, the Defendant made a false statement to the effect that “E” located in Gwangju North Korea-gu, “The Defendant would be repaid to the victim C until September 6, 2012, and thus would lend money KRW 2.5 million to the victim.”

However, there was no intention or ability to complete the payment.

As such, the Defendant, by deceiving the victim, received 2.5 million won from the injured party immediately and acquired it by fraud.

2. On August 8, 2012, the Defendant made a false statement to the effect that “E” located in Gwangju Northern-gu, “The Defendant would be repaid to the victim C up to September 25, 2012, and would lend money KRW 3 million to the victim.”

However, there was no intention or ability to complete the payment.

As such, the Defendant, by deceiving the victim, received three million won from the injured party immediately and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the receipt of loan and the receipt of cash;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;