Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On August 28, 2017, the Defendant made a false statement to the victim D, operated by the victim C (V, 60 years of age) located in Songpa-gu Seoul Metropolitan Government, stating that “If 3.3 million won is lent, 3.3 million won shall be repaid after 3 days.”

However, even if the defendant borrows money from the victim, he did not have any intention or ability to pay the money within three days.

Nevertheless, the Defendant, by deceiving the victim as above, received 2.3 million won from the victim to the F Bank account (G) in the name of E on the same day, and received 1 million won in cash from tin and received 3.3 million won in total.

2. Around November 2017, the Defendant falsely stated that “A victim C (n, 60 years of age) was at the same place as indicated in the foregoing paragraph (1) and “I do not have any money at the Open Center. I will complete all of the money borrowed prior to the following day.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intention or ability to repay all of the borrowed money including the borrowed money by the next day.

Nevertheless, as above, the defendant deceivings the victim and received 200,000 won in cash from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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;