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

On June 23, 2017, the Defendant borrowed KRW 7 million from the Victim B Co., Ltd. to pay KRW 27.9% per annum for the next five years and KRW 1.60,000 per annum on June 15, 2017.

A false statement was made.

However, in fact, the Defendant had been unable to dismiss the enemy at the time, and even if having borrowed money from the injured party, such as lending of bonds equivalent to KRW 60,000,000 in addition to financial rights, there was no intention or ability to pay the money normally.

As such, the Defendant, by deceiving the victim, was issued KRW 7 million to the C bank account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. Loan agreement, customer president, statement of deposit transaction, written opinion [the defendant operated a singing room at the time that he had revenue of KRW 2 million per month, but the defendant paid KRW 4 million interest on the debt of KRW 140 million and KRW 1 million for child support, and around that time, borrowed money from other lending companies than the victim and then closed the singing room at around October 2017 (Evidence No. 1 page, etc.). When considering that the Defendant borrowed money from the victim, it can be sufficiently recognized that the Defendant could not have ability to repay the money even if he borrowed money from the victim).

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;