Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 23, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on May 13, 2019.

On May 2016, the Defendant stated that, “C” private teaching institutes located in the second floor of the Dongwon-gu, Ansan-si, the Defendant would transfer the said private teaching institute to the English instructor of the said private teaching institute (38 years old at that time) the victim D (E) who is an English instructor of the said private teaching institute: (a) the real estate lease deposit is required to the extent of KRW 10 million; (b) if the money is lent, the real estate lease deposit will be returned immediately after the transfer of the private teaching institute; and (c) even if the lease contract is not null and void.”

However, the Defendant did not have discussed about the real estate lease deposit with E, and even after the commencement of the operation of the private teaching institute with E on November 201, 2016, there was no demand for the payment of the deposit from E. In addition, the Defendant did not have the intent or ability to use the money for the pertinent purpose or to repay the borrowed money from the lending company, even if the Defendant borrowed the money from the victim, because he was willing to pay wages to other instructors or redeem the borrowed money from the lending company.

Nevertheless, the Defendant, by deceiving the victim as above on the 26th day of the same month, acquired 5 million won from the victim to the national bank account (Account Number H) in the name of the Defendant’s wife G by transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (E statements) and a report on investigation (a user for five million won deposited by a victim);

1. The details of withdrawals and the details of accounts of national bank in the name of G;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and prosecution records;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act for the detention of a workhouse;