Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant, as the site manager of the removal construction site, intended to borrow money from the victim D through the removal business operator C to prepare personnel expenses for his/her husbands.

On February 21, 2014, the Defendant directed C to borrow KRW 10 million from the victim, and C, upon the Defendant’s instruction, said C, around February 21, 2014, stated that “A was unable to engage in work due to the lack of money, thereby making it difficult for the victim to pay human resources. If C borrowed KRW 10 million, it would be possible to promptly carry out the removal work of the freezing factory so that it can promptly carry out the removal of the scrap metal.”

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

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative Deposit Account in the name of F, which is in the name of borrowing money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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

1. The prosecutor's protocol of interrogation of the accused (including D's statement)

1. Application of Acts and subordinate statutes on trading lists;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.