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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 22, 2015, the Defendant loaned money to the victim D within six months from January 22, 2015, the 101-dong 407 of the Seoul apartment house 101-dong 407.
The phrase “ makes a false statement.”
However, even if the victim borrowed money, there was no intention or ability to repay it.
The Defendant, as such, by deceiving the victim, received KRW 5 million from the national bank account (E) in the name of the Defendant on the day when the victim was transferred to the victim, and by deceiving the victim by the same method around July 26, 2016, received delivery of KRW 15 million in cash.
Summary of Evidence
1. Legal statement of the witness D;
1. The confirmation of transaction details, the certificate of borrowing, and the certificate of account separate transactions [the defendant had no intention to commit the crime of defraudation because he had the intent to repay the borrowed money in sequential order with the borrowed money borrowed from the damaged party prior to the instant case.
The argument is asserted.
However, circumstances acknowledged by the evidence duly adopted and examined by the court, i.e., (i) the Defendant borrowed KRW 10 million from the injured party on or around November 2013 and paid monthly interest, as indicated in the facts charged in the instant case, and (ii) the Defendant promised to borrow KRW 5 million on or around July 26, 2016, and to pay the same within six months, as indicated in each of the instant facts charged; and (iii) the Defendant was unable to pay the full amount of KRW 10 million at around November 201, 2013 at the time of each of the instant loans; (iv) the Defendant did not have sufficient means to pay the interest of KRW 10 million to the injured party; and (v) the victim did not actually receive the Defendant’s obligation to pay the interest of KRW 1,000,000,000 to the injured party within six months as agreed with each of the instant loans; and (v) the victim did not appear to have received any loan from the Defendant and the victim at the time of the instant loan.