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

On May 2016, the Defendant, at the office of “D (State) operated by the victim C in Seo-gu Incheon, Seocheon-gu, Incheon.” On May 2016, the Defendant made a false statement to the effect that “The tenants living together will have a party director, and the new tenants will have come to a party director after one month. The amount of deposit to be paid to the tenants who will have come to a party director is urgently needed, and the amount of deposit to be paid to KRW 8 million is loaned to the tenants who will have come to a party.” After one month, the Defendant made a false statement to the effect that the new tenants will receive the deposit if they enter the country.”

However, in fact, the defendant did not have any special property in his own name, the leased real estate was owned by the wife, and there was no intention or ability to repay the money to the victim, even if he borrowed the money from the victim because he did not have any new lease plan to return the deposit to the lessee of another building with money received from the victim.

Nevertheless, on May 9, 2016, the Defendant acquired 8 million won from the victim to the F bank account (G) in the name of the Defendant on May 9, 2016 from the victim and acquired 8 million won as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C;

1. Full certificate of registered matters and detailed statement of transactions;

1. Application of Acts and subordinate statutes on a complaint and a loan certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the Defendant’s acknowledgement of his/her own crime, and there is no record of previous criminal punishment; the content and degree of deception; the motive and circumstance of the crime; the victim’s payment of KRW 60,000,000 on January 8, 2019 to recover considerable damage. The Defendant’s age is the Defendant’s age.