Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

On May 25, 2017, the Defendant concluded that “C” with the trade name of “C” operated by the Defendant located in Busanjin-gu, Busan, would purchase the E message to the victim, and if you borrowed KRW 3,460,000 for purchase cost, then resell the purchase cost and receive 50% of the sales profit from the victim.”

However, in fact, the Defendant borrowed 100 million won from the victim from February 2015 to March 2017 as precious metal store operation funds, but it was difficult for the Defendant to pay the amount equivalent to KRW 4 million interest on the borrowed money due to the difficulty in operating the said precious metal store due to economic difficulties, such as the amount equivalent to approximately KRW 200,000,000, and even if the Defendant received the above purchase money from the victim, he did not have the intent or ability to pay the purchase price and sales proceeds as promised to the victim after he purchased the multilateral, and then did not have any intention or ability to pay the purchase price and sales proceeds to the victim.

Nevertheless, the Defendant received KRW 3,460,000 from the victim as the purchase cost, and received KRW 53,060,000 in total on seven occasions, such as the list of crimes in the attached Table.

Accordingly, the defendant received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement concerning D;

1. Data submitted and arranged by complainants;

1. A statement of investigation situation (the ruling of the list of crimes);

1. E details;

1. Receiving hours, details of transactions, and customer use;

1. Application of Acts and subordinate statutes governing deposit details;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: Fines of not less than 50,000 won but not more than 20 million won;

2. Non-application of the sentencing criteria: A fine shall be selected; and