1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Punishment of the crime

Around December 2012, the Defendant lent money from the victim D to the victim, and the Defendant did not pay the debt from around December 2014, thereby receiving a demand for payment from the victim.

Accordingly, if the defendant prepares a letter of confirmation that he/she would not raise an objection against 39 million won out of the borrowed money to the victim, he/she will pay 39 million won by receiving money from the parent.

Then, the certificate was received from the injured party.

On January 20, 2015, the victim filed a lawsuit claiming the return of loan (2015 order 4463 order) against the defendant with Busan District Court on January 20, 2015, where the defendant did not pay the money despite having written confirmation from the defendant.

On March 2, 2015, the Defendant submitted to the Busan District Court, which was located in the Busan District Court of the Republic of Korea in Busan District, a written confirmation that the injured party did not have any obligation to repay because the injured party had discharged his/her obligation.

However, the defendant shall pay money to the victim.

Since the certificate was received and actually paid the money, there was no validity of the certificate.

As a result, the Defendant attempted to acquire pecuniary benefits equivalent to the same amount by deceiving the above court, but the victim did not raise an objection after receiving the recommendation for reconciliation, and did not intend to achieve such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Article 347(1) and Article 352 of the Criminal Act and the selection of fines concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which recognize that the Defendant does not exempt the Defendant from the Defendant’s obligation to pay KRW 39 million as he or she divided his or her mistake. The Defendant does not have any particular criminal record, and the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.