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 would pay the victim KRW 40 million by April 30, 2019, including KRW 10 million and KRW 30 million, if he/she delivered the D Private Teaching Institutes as of February 1, 2019, to the Plaintiff at D Private Teaching Institutes operated by the Victim C in Jinju-si B and II in January 2019.

First, it was false that the lessor would pay the lease deposit of KRW 10 million on behalf of the lessor.

However, at the time, the Defendant did not have an intention or ability to pay the full-time deposit and premium to the victim because the monthly income was about KRW 1.5 million, and the credit card payment was impossible due to the unpaid credit card payment, and in the case of the above driving school, about KRW 1.0 million, in the case of the monthly income of the private teaching institute, approximately KRW 5 million.

Nevertheless, the Defendant, as seen above, received a delivery of KRW 10 million from the victim who was deceiving the victim, and paid the said landlord the said building to the said landlord on February 1, 2019, and was handed over from the victim on the same day.

As a result, the Defendant received a cash of KRW 10 million from the injured party, and acquired pecuniary benefits equivalent to KRW 30 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A contract for transferring a private teaching institute, a process deed, certification of the original, content, Kakao Stockholm receipt and reception, a real estate lease contract, and application of statutes on business registration;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the facts leading up to the instant crime, the form of deception, the repayment of approximately KRW 14 million, the closure of a private teaching institute due to the difficulties in the operation of the private teaching institute, the first offender, etc., and the various conditions of sentencing as shown in the pleadings of the instant case, shall be determined by taking into account the following as a whole: