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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Defendant

A was the representative of corporation B who carries on a self-steging machine and water drying machine business.

Around August 15, 2008, the Defendant issued a false statement to the victim D, who was introduced by C within the office in Dongjak-gu Seoul Metropolitan Government, stating that “The Defendant shall purchase the board and install and manage the board in several churchess, such as hotels located in Seoul, which requires 5 million won per one board, and if the Defendant invests or lends 10th unit purchase cost to 53 million won, he/she shall make a profit of 5% per month.” On September 8, 2008, the Defendant received KRW 23 million from the victim who believed that he/she was able to obtain a total of KRW 73 million from the above C Bank’s account in the name of the Defendant on the same day, to the B Bank E account in the name of the Defendant on the 16th day, and received KRW 23 million from the Defendant on September 8, 2008.

However, the defendant did not have the intent or ability to pay the principal and profit even though he received the investment from the victim in relation to the purchase of coffee.

As above, the Defendant, by deceiving the victim, obtained KRW 73 million and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Details of transactions by passbooks (A);

1. Application of Acts and subordinate statutes of detailed statement of transactions by account;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.