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

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

Punishment of the crime

On August 16, 2012, the Defendant made a false statement to the victim C, stating that “The Defendant would complete payment of all principal and interest at least six months prior to the lending of money,” at the BM draft branch located in Seocho-gu Seoul Metropolitan Government Seocho-gu (Seoul Metropolitan Government Seocho-gu).

However, in fact, the Defendant, while operating a postponed private teaching institute in D from March 2009 to January 201, had a debt of KRW 300 million in total, 10 million, and a debt of KRW 200 million invested from an unspecified investor, and around that time, had not been able to operate a new postponed driving school in Busan. In addition, even if the Defendant borrowed money from the victim, such as there was no fact that the building was leased to operate a coffee shop, there was no intention or ability to repay the said debt.

Nevertheless, the Defendant, by deceiving the victim as such, received a total of KRW 20 million from the corporate bank account (E) in the name of the Defendant on the same day as the loan money from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Original copy of the notarial deed and certificate of transfer;

1. The details of text messages and the application of the statutes governing a copy of court decision;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant, without ability to repay, failed to pay the amount of KRW 20 million within the due date, and the Defendant at the time of borrowing the monthly average sales amount of KRW 35 million. However, the above materials alone are insufficient to determine whether the Defendant’s net profit at the time of the interrogation of the police. In addition, the Defendant, at the time of borrowing money from the victim at the time of the interrogation of the police.