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

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

Punishment of the crime

On March 21, 2018, the Defendant issued a false statement to the victim B to the effect that “I would have the child care center of the apartment in the habitual population C be tendered.” The Defendant would have the victim B be awarded KRW 35 million at the consulting cost. The payment of KRW 10 million as the down payment, and later would be paid KRW 25 million in the event of a tender to the child care center operator at the last time.” On April 5, 2018, the Defendant provided that “I will deliver a certain fee to the occupant’s representative or manager in the name of a child care center in order to obtain a bid for the child care center” to the above B around April 5, 2018. The Defendant provided that “I will use the remainder of KRW 25 million out of the remainder of the funds remaining as the street fund for the purpose of offering it as a rain, and return it to April 10, 2018.”

However, the above C apartment does not have a plan to rent the childcare center after bidding from an individual. The defendant thought that the childcare center will receive individual bidding without examining whether there is a specific childcare center bid plan, and that the child care center will receive money from the victim, even if he received money from the victim, the victim did not have the ability to receive a bid for the C apartment childcare center. In addition, even if the tenant representative or the manager requested funds from the victim at that time, the defendant did not have the intent to use the remaining amount of KRW 20 million for personal debt or cost of living even if he received the remainder of KRW 20 million first, and therefore, he did not have the intent or ability to use the remaining amount of KRW 20 million for the purpose of using it as a loan. Since there was no particular property under the name of the defendant, even if the victim received the remainder of KRW 20 million from the victim first, it did not have the ability to return it until April 10, 2018.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the account of community credit cooperatives (D) in the name of the Defendant on or around March 21, 2018, as a consulting deposit, from the victim, and transferred KRW 20 million to the same account on or around April 5, 2018.