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

The Defendant, on November 1, 2009, stated that “the Defendant was paid KRW 20 million on November 10, 2009 by the victim C at a mutually infinite restaurant located in Seo-gu, Seo-gu, Gwangju, that “it is urgently required to open a restaurant. If the Defendant applied for a loan to D Association and then borrowed KRW 20 million, which would promptly be repaid with the Defendant’s loan.” The Defendant was paid KRW 20 million from the victim on November 10, 2009.

However, at the time of fact, the Defendant did not have made a detailed inquiry about the loan application or the specific loan available amount, loan time, loan terms and conditions, etc., and the Defendant was in bad credit standing, and the Defendant borrowed several million won to start the restaurant without his own capital, and thus, the Defendant did not have any intent or ability to repay the loan as agreed to by the victim.

Accordingly, the defendant was delivered KRW 20 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. A complaint, a notarial deed of a monetary loan contract, and a copy of a passbook [the defendant has a fact that he borrowed money from the victim, but the defendant did not have the intention to acquire money. Comprehensively taking account of the evidence duly adopted and examined by this court, it can be acknowledged that the defendant would be able to obtain a loan more than 20 million won without inquiring of the financial institution about the possible loan or the possible amount of loan, and that the defendant borrowed money as stated in the facts of the crime. Thus, the defendant can be deemed to have borrowed money from the victim with the permission that even if so, the possible amount of loan may not exceed 20 million won, but it is reasonable to see that he/she borrowed money from the victim while he/she is able to do so. Accordingly, the defendant had the intention to obtain money with negligence or fraud].

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment