Defendant shall be punished by a fine of five million won.

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

Criminal facts

On August 8, 2012, the Defendant, at a restaurant where it is impossible to know the name located in Yangyang-si, Busan Metropolitan City, Gyeongyang-si, the Defendant made a false statement to the victim C to the effect that “A fine shall be paid at home upon the cancellation of the driver’s license, and no money shall be paid, and a loan shall be granted at KRW 3 million due to the lack of money. The name alone is unable to make a loan. The Defendant would make a payment at the face of the guarantee by the Party, with the face of KRW 140,000 per month, and would make a payment at the face of each month, and would make a payment at the face of the guarantee.”

However, the defendant did not have the intent or ability to repay the debt even if he received the above loan due to the debt at the time.

The Defendant, by deceiving the victim as above, received a copy of the resident registration certificate, guarantee contract, etc. necessary for the guarantee contract from the victim, and caused the victim to enter into a guarantee contract with the lending company in five places (the Marshall franchise of a stock company, the mutual savings bank of a stock company, the Cho Credyren of a stock company, and the loan of a stock company) with the total amount of KRW 15 million,000,000,000,000 won, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each police interrogation protocol against the accused (including the C’s statement);

1. Part of the witness C’s legal statement;

1. An investigation report (or a relative investigation of a lending company);

1. A criminal investigation report (a verification as to a party to aD company);

1. A detailed statement of transaction, a continuing guarantee, a loan guarantee, a loan transaction contract, and a joint and several guarantee contract;

1. Each reference inquiry statement, application of each CD-related statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The defendant and his defense counsel in the grounds for conviction and sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the crime of fraud is not constituted since the defendant did not deceiving the victim, and the defendant had the intent and ability to repay at the time of the instant case.

(b) however,