A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who operates C, a funeral agency company, and the victim D is a person who has entered into a contract for a branch of funeral business with the defendant.

On March 22, 2013, the Defendant stated that “The Defendant would pay 5 billion won to the victim after lending the funds required for the operation of the company to the third party at C Office located in Gangnam-gu Seoul, Seoul.” Moreover, the Defendant would be expected to receive a loan of 5 billion won as security, and the Defendant would also receive a payment by hiring as an employee for sales of a so-called scargn Charnel house as a sales agent.”

However, in fact, it is almost little value of a charnel because of its realization, and therefore, it was not possible to receive a loan by using it. At the time, the defendant did not have any specific property and did not have the intent to pay it properly even if he borrowed money from the victim.

The Defendant received KRW 5 million from the victim’s new bank account (Account NumberF) in the name of (State) C corporation from the victim, and received KRW 98,839,00 through 29 times in the same way as the victim D and the victim G, who is the wife, from July 31, 2013, from that time, and acquired KRW 98,839,00 in the same way as the loan money.

Summary of Evidence

1. Each legal statement of witness D, G, H and I;

1. A copy of a passbook, sales slip, receipt for payment without passbook, loan certificate, collection card, leaflet of a memorial park, etc., lease contract for a passbook, written confirmation of issuance, sealing certificate, funeral screening service business partnership contract, termination of a contract, receipt of refund money for cancellation, etc.;

1. Investigation report (related to the currency of persons related to the one another investment securities);

1. Investigation report (verification of the loan of KRW 5 million on March 25, 2013);

1. Application of Acts and subordinate statutes to investigation reports (such as a copy of the transaction statement of a new bank passbook affixed to the complainant);

1. Article 347(1) of the Criminal Act (in the case of fraud against victim D), Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act.