A defendant shall be punished by imprisonment for two years.

Punishment of the crime

Around February 2009, the Defendant assumed a large number of obligations, such as obtaining loans of KRW 15 million in the name of the Defendant, under the circumstance that the business had already been established as a bad credit holder, was not well-grounded, while the Defendant was taking over loans of KRW 40 million in the name of the Defendant. On the other hand, the Defendant did not have any property or income other than KRW 10 million in the lease deposit of the house he/she had resided. Therefore, even if he/she borrowed money from the victim D, the Defendant was planning to return the term “return” or pay for the cost of living under the name of the payment of interest on the existing obligation, and there was no intention or ability to repay the money borrowed to the victim by purchasing the machinery or selling the pre-registered goods.

Nevertheless, on February 20, 2009, the Defendant: (a) falsely stated that “In F stores, the Defendant was transferred KRW 10 million to a new bank account (I) in the Defendant’s name of H on the same day from the date to March 20, 2012, the Defendant received KRW 54 times in total, and received KRW 825 million in total, as indicated in the attached list of crimes, from the time to March 20, 2012.” (b) by directly purchasing skin-type machinery in Gangseo-gu, the Defendant would have borrowed KRW 10 million to the customer and directly receive the cost of the operation.” (c) On the same day, the Defendant received money from the victim to the new bank account (I) in the Defendant’s name of H on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the prosecution and the police with regard to D;

1. Details of account transactions, details of payment of interest, details of new bank transactions, application of Acts and subordinate statutes on new bank transactions under J;

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016; hereinafter the same) and Article 347(1) of the Criminal Act on criminal facts (including the case).