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 November 28, 2016, the Defendant called the victim D by telephone in front of the Ccafeteria located in Busan Shipping Daegu, Busan, the Defendant stated that “only one month will be used and repaid rapidly.”

However, in fact, the Defendant was a person who did not have the intent or ability to repay the principal within one month, even if he borrowed money from the victim because the Defendant’s obligation and personal obligation to be paid to credit card companies exceeded KRW 100 million, and was returned to bonds for a period of six years.

The Defendant, by deceiving the victim as such, received 10 million won from the victim to the E (F) account in the name of the Defendant on the same day.

2. On October 2, 2017, the Defendant stated, “In the event that five million won or more is loaned, the Defendant would make a credit card loan and make a payment by the end of this month with the previous KRW 0,000,000,000,000,000,000,000 won.” The Defendant issued an application for card loan, and at the end of the month, the amount will be arranged in entirety.”

However, even if the defendant borrowed money from the victim, he/she was a person who has no intention or ability to repay the full amount by the end of the month after receiving the card loan.

The Defendant, by deceiving the victim as such, received 5 million won from the victim to the E account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order shall be determined as ordered in consideration of the fact that the victim does not want the punishment of the defendant, and the damage reimbursement was not made.