Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant, from December 2, 2014 to May 2, 2015, is a person who operated “CMa” from around December 2, 2014 to around January 2, 2015 and was supplied to the Defendant from “E” operated by the victim D.

On March 9, 2015, the Defendant made a false statement to the effect that “E” operated by the victim in Daegu Northern-gu, Seoul, would be repaid to the victim up to April 20, 2015, because there is money to be paid at another place if he/she lends KRW 20 million to the victim, so he/she would be fully repaid until April 20, 2015. The Defendant would have fully repaid KRW 20 million after deducting the today’s credit value of KRW 2 million.”

However, at that time, the Defendant was liable for the obligations to other creditors, such as the opening of the “Cmarate” business fund and the cost of goods, and the operation of the “Cmarate” was also insufficient. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money as agreed upon.

The Defendant, as such, by deceiving the victim, received KRW 18 million from the victim to the Daegu Bank Account in the name of “CMaart” around March 9, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;