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 the vice-chairperson of C corporation located in Mapo-gu Seoul Metropolitan Government 602.

1. On October 2012, the Defendant made a false statement to the victim D that “If he/she lends office operating expenses, such as office rent, etc., he/she would immediately repay” to the victim D.

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because he did not have any profit such as wrong investment in the establishment of the factory at the time Kimhae-si.

Nevertheless, on November 5, 2012, the Defendant received money of KRW 10 million from the victim who believed such false statement and acquired it through a bank account (E) with the Defendant’s name on November 5, 2012.

2. On January 2013, the Defendant made a false statement to the victim at G located in the Gangnam-gu Seoul F Station neighboring the Seoul F Station, stating that “The Defendant borrowed KRW 3 million to the Plaintiff at the construction site in Bupyeong-gu, with business expenses short of 3 million.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as seen above, received money from the victim who believed that he made a false statement and received money from the victim to the same account as the preceding paragraph on January 30, 2013, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of the detailed statement on transactions of deposits and withdrawals, and a copy of the account of a suspect A bank account;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;