If the defendant fails to pay the above fine, 50.

The defendant is a person who engages in precious metal sales business under the trade name of Jongno-gu Seoul Metropolitan Government Ctel 10th class D.

Around October 28, 2011, the Defendant made a false statement to the victim E to the effect that “The president of the executive company in which he/she performs has sold his/her reflect and gold, and it is necessary to purchase it. When lending money, 53 million won is required. The Defendant may, after purchasing his/her reflect and gold, resell it within 2 days after he/she purchased it, and pay profits by resale.”

However, even if the defendant borrowed money from the victim, he did not intend to purchase precious metals as above, and he was thought to use it for the repayment of other debt owed by the defendant, and he did not have any intention or ability to repay principal within three days.

Nevertheless, on October 28, 201, the Defendant, by deceiving the victim as above, obtained KRW 23 million from the national bank account (Account Number:F) in the name of the Defendant, and acquired KRW 30 million from the same account on October 29, 201 to the same account on the 29th day of the same month by fraud of KRW 53 million.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused and E by the prosecution;

1. Application of Acts and subordinate statutes on personal financial transactions (128, 129 pages of investigation records);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The sentence of a fine as ordered shall be imposed in consideration of the following: (a) the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant paid 30 million won to the victim E; and (b) the defendant has no same criminal record after 2007.

It is so decided as per Disposition for the above reasons.