Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On February 22, 2012, the Defendant concluded that, “D”, which is the clothing store operated by the Defendant, Jung-gu, Busan, would be leased monthly rent of KRW 500,000 to the victim E (n, 42 years of age) a store with the trade name “C-31” from Busan City, which was sold in lots from Busan City, and KRW 10,000,000,000,000 won. Moreover, the Defendant would purchase the imported goods of KRW 10,000,000,000 and would enable the funeral service.”

However, in fact, the above F store is not sold in lots, but it is a store leased in 2,938,560 won, and it is difficult to sublease at will due to the prohibition of sub-lease, so even if the victim receives the lease deposit from the victim, the victim did not have the intention or ability to operate the above 10 million won, and the above 10 million won, which was paid with the import clothes purchase fund, was thought to be used as a personal debt repayment, etc., so there was no intention or ability to purchase the imported goods.

As such, the Defendant, by deceiving the victim, received three million won as the down payment around February 23, 2012 from the victim, as the down payment, and around February 24, 2012, 17 million won as the name of purchasing the remainder and the income from the Defendant’s bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each protocol concerning the examination of the accused by the prosecution (including part concerning the E-examination);

1. Copy of a lease contract for an underground shopping mall;

1. Financial transactions with the principal;

1. Application of Acts and subordinate statutes to investigation reports (verification and analysis reports of suspect's sources of money);

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

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