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

On May 28, 2013, the defendant extended money to the victim D in the family area of the victim D located in the Seo-gu, Seoyang-gu, Busan Metropolitan City on May 28, 2013 within two months from lending money to the victim.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have any property or profit, such as the right to collateral security, the maximum amount of which is about 816.3 million won, established on the apartment owned by the defendant, who had resided at the time, and there was no intention or ability to repay the debt even if he borrowed money from the damaged person to use it as living expenses, etc.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the bank account with the name of the Defendant, the sum of KRW 40 million on May 28, 2013 and KRW 10 million on July 11, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A statement of financial transactions, a loan certificate, a process certificate, a certificate of registration, a certificate of records of business performance, and a certificate of report on telecommunications sales business (the defendant has no intention to commit fraud;

However, according to the above evidence, the defendant used most of the money received from the injured party for the purpose of living expenses, etc., rather than business funds, and the injured party did not know the situation of the business run by the defendant or her husband, and provided money with trusting that he would repay the money immediately if he lends money due to a temporary financial problem. At the time of receiving money, it is recognized that the defendant had no particular property and the business run by her husband did not have a situation that could not make profits within a short period due to the aggravation of business management. Therefore, the defendant had the intention to commit fraud by deceiving the injured party while recognizing the fact that it cannot return the borrowed money within a short period.