A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the fraud of March 7, 2012 is not guilty.

Punishment of the crime

On April 10, 2012, the Defendant stated that “In F cafeteria located in front of the Seo-gu Daejeon, Seocheon-gu, Daejeon, the litigation cost of KRW 50,000,000 is required to proceed with the lawsuit amounting to KRW 1 billion by G. 50,000. If the Defendant borrowed KRW 500,000,000,000,000,000 won, the Defendant lent the money to the jury, and the Defendant agreed to deposit the business funds necessary for the business start-up of a restaurant to the Party.”

However, in fact, the defendant was planned to lend the above money from the victim to use it for personal debt repayment, etc., and there was no intention or ability to repay the above borrowed money to the victim or to support the business fund.

The Defendant, by deceiving the victim as above, received from the victim the money of KRW 45 million on the 18th day of the same month from the victim to the above account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Legal statements by witnesses C and G in part;

1. Statement to C by the police;

1. Investigation report (to be accompanied by a list of trading to be submitted by the complainant);

1. A certificate of borrowing;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination as to the assertion by the Defendant and the defense counsel as to Articles 25(3)3 and 32 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation (the victim obtained a notarial deed from the Defendant to the effect that compulsory execution is recognized in relation to the instant crime)

1. Summary of the assertion

A. As stated in the facts charged, the Defendant did not state that he borrowed money from the victim as the litigation cost of G. The Defendant merely stated that he borrowed KRW 50,000,00 in the form of “a necessary loan,” and that G temporarily deposited money of KRW 1 billion in the interesting country life and would either make a profit or lend the money.