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

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

Punishment of the crime

1. On January 20, 2013, the Defendant, at around January 20, 2013, deceiving the victim D to the effect that “I would have to pay the amount within three months if I would have borrowed 6 million won as I would have immediately needed to pay the amount,” at the Defendant’s residence in Ulsan-gu, Ulsan-gu, Seoul.

However, the Defendant was unable to pay KRW 30 million at the time, and was unable to pay KRW 20 million from another person, and even if he/she borrowed money from the victim due to the absence of certain income or assets, he/she did not have an intention or ability to pay the money within three months.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 6 million from the victim under the same day as the borrowed money.

2. On January 21, 2013, the Defendant made a false statement that “Around January 21, 2013, the Defendant borrowed KRW 5 million to the victim at the same place as indicated in paragraph (1) and the same as indicated in paragraph (1).”

However, the defendant did not have any intention or ability to repay the money to the victim in the situation that he/she should first pay other debts even if he/she receives the payment due to the same obligation as the statement in Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, received 5 million won from the victim as the borrowed money.

3. On July 2013, 2013, the Defendant made a false statement to the effect that “Around October 2013, if the Defendant borrowed KRW 5 million to the victim at the same place as indicated in paragraph (1) of this Article, he/she shall receive guidance from the victim on July 2013.”

However, the defendant did not have any intention or ability to repay the money to the victim in the situation that he/she is obligated to pay other debts first even if he/she receives the payment due to the obligation like the statement in Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, received 5 million won from the victim as the borrowed money.

Summary of Evidence

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act concerning the facts constituting the crime;