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

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

Punishment of the crime

The defendant and C made a false statement to allow the victim D to operate a restaurant at the site of apartment remodeling construction works, and it received money from the victim as a down payment and conspired to use it in installments.

Accordingly, around September 24, 2012, the Defendant and C made a contract on the operation of a restaurant at the construction site between C and the victim by making it false to the victim D, stating that the trade name in Dongdaemun-gu Seoul Metropolitan Government newly established Dong cannot be known.

However, the Defendant and C did not have the intention or ability to allow the victim to operate the restaurant at the construction site, even if they did not carry out the remodeling construction at the construction site and did not receive money from the victim as the down payment because they did not have the right to operate the restaurant at all.

Nevertheless, the Defendant and C deceptiond the victim as above, and the Defendant received KRW 5 million from the victim before the post office in Dongdaemun-gu Seoul Metropolitan Government newly established Dong on the same day as the down payment.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement made to D by the police;

1. A receipt, a master agreement, and a certificate of content;

1. Application of Acts and subordinate statutes to investigation reports (report on the details of telephone conversations between the F counterpart for reference witness);

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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;