Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. On August 19, 2009, the Defendant stated to the victim C that “If the registration fees of the second son lends only five million won to the mother and child, he/she will complete the payment by October 19, 2009.”

However, at the time of fact, the defendant did not have any intention or ability to repay money in time, even if he borrowed money from the victim due to the lack of property or income.

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the national bank account in the name of D on the same day.

2. On December 11, 2009, the Defendant stated that, at a coffee shop where the trade name in Gangdong-gu Seoul Metropolitan Government is unknown, the Defendant loaned 10 million won to the victim for the purpose of obtaining the authorization of a charnel in E. The purchase and sale is prohibited upon the permission. The Defendant would pay KRW 15 million for the borrowed amount including KRW 5 million before the end of February 201.”

However, in fact, since the Charnel project, which was invested by the defendant in around 2001, was in fact interrupted due to disputes between the construction business operator and other investors, it was impossible to obtain authorization within the agreed time limit and make a profit by selling in lots. Since the situation requires the cost of living, there was no intention or ability to pay money within the agreed time limit even if it was borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received a total of KRW 10 million from December 11, 2009 to December 15, 2009 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Investigation report (a copy of the record of non-prosecution in breach of trust) and each attached statement and copy of the suspect examination protocol;

1. Application of an agreement or a certificate of borrowing Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the facts constituting an offense are late after the choice of a fine;