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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On September 26, 2013, the Defendant would give two copies of interest and complete payment of the principal to the victim D’s home located in Dongjak-gu Seoul Metropolitan Government around September 26, 2013 when he/she lends money.

‘False speech' was made.

However, even if the Defendant borrowed the above money, the Defendant did not have any intent or ability to repay the money to the victim within the agreed period.

Nevertheless, on September 26, 2013, the Defendant, by deceiving the victim and deceiving the victim, received the remittance of KRW 12 million from the new bank account (E) in the name of the Defendant from the victim.

2. On October 7, 2013, the Defendant: (a) at the place described in the foregoing paragraph (a) around October 7, 2013, the Defendant (i) borrowed money from the victim by October 20, 2013, prior to the lending of KRW 3 million to the victim, with the repayment of KRW 12 million.

‘False speech' was made.

However, even if the defendant borrowed the above money, he did not have any intention or ability to repay the money within the agreed period.

Nevertheless, on October 7, 2013, the defendant deceivings the victim as above and took over KRW 3 million from the victim to the new bank account E in the name of the defendant around October 7, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire about the certificates of borrowing and the details of transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The fairness certificate of monetary consumption lending contract between the defendant and the victim was prepared, and accordingly the defendant actually pays the damaged amount to the victim every month.