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 is an operator of “E” (hereinafter “E”) of a sales agency located in Jung-gu Seoul Metropolitan Government D, and the victim F is an operator of “H” of a motor vehicle parts company located in Guri-si.

1. On August 4, 2015, the Defendant stated that “Around August 4, 2015, 200, the Defendant would lend the victim KRW 20 million to the investor, and immediately repay it to the investor.” In addition, LD would supply LD (LED), etc. to I in the territory of China.

However, in fact, E’s account balance at the time was merely 7,90 won, and the financial status was extremely poor. The Defendant thought that the Defendant would immediately spend the money that the injured party received, such as personnel expenses, office rent, etc., so there was no intention or ability to pay according to the commitment, and there was no intention or ability to have the injured party deliver the product to I.

The defendant deceivings the victim as above and thereby is identical to the victim.

8.5. He received remittance of KRW 20 million to a corporate account in light of around E, and acquired it by fraud.

2. On August 31, 2015, the Defendant of KRW 500,00 won stated that “The Defendant would immediately repay 500,000 won if he/she borrowed 50,000 won to the victim as a personal female problem.”

However, the defendant did not have an intention or ability to repay according to the promise because his financial standing is extremely poor.

The defendant deceivings the victim as above, and he received 500,000 won from the victim to the account under the name of the defendant on the same day and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Part concerning the statement of F in the police interrogation protocol against the defendant

1. Statement made by the police with regard to F;

1. Inquiry of transaction details, receipt for remittance, statement of transaction by account, details of transaction by entry and withdrawal (A), details of transaction by entry and withdrawal (E), application of Acts and subordinate statutes of the corporate registry; and

1. Article 347 of the Criminal Code of the pertinent law and the choice of punishment against the facts of the crime.