Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

In fact, the Defendant did not have certain occupation and income at the time, and was thought to use the money borrowed from the damaged person as money for gambling, so there was no intention or ability to repay even if he borrowed money from the damaged person.

Nevertheless, on April 18, 2016, the Defendant made a false statement to the victim D through C through “A shall be repaid within one month from the loaning KRW 50 million to the victim’s account in the name of the Defendant’s mother-friendly E on April 20, 2016.” The Defendant received from the victim the remittance of KRW 500,000 from the victim to the Defendant’s mother-friendly account on April 20, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of the witness D, and some of the witness C’s legal statements;

1. Application of the statutes that contain some statements in the police interrogation protocol (No. 3 of the list of evidence) to the accused;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 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. Part not guilty (which is unreasonable to issue an order for compensation because the existence and scope of liability for compensation is unclear) under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc., of Dismissal of Applications for Compensation Orders (the fraud committed around April 23, 2016);

1. The summary of this part of the facts charged is that the Defendant did not have certain occupations and incomes at the time, and was thought to use the money borrowed from the injured party as money for gambling, and thus there was no intention or ability to repay the money even if he borrowed money from the injured party.

Nevertheless, on April 23, 2016, the Defendant made a false statement to the victim D through C, stating that “I will lend KRW 30 million to the victim and make a lump sum payment to the victim,” and the Defendant received KRW 3 million in cash from the damaged person on the same day.

2. According to the legal statement of the judge witness D, the protocol of interrogation of the suspect to the prosecution against C, etc., the defendant around April 2016.