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

On October 8, 2013, the Defendant: (a) was a person operating air-conditioning service; (b) on the part of the victim C in Pyeongtaek-si B, the Defendant made a false statement to the victim, “The Defendant would install 300,000 won per air-conditioning unit.” (c) on the part of the victim C in Pyeongtaek-si B, the Defendant would make a prior payment to the victim.

However, the Defendant merely intended to use the said money for the purpose of paying the principal and interest of 1.8 million won and living expenses, and the Defendant did not have any intent or ability to establish the said money in the leisure room of the victim by purchasing air-conditions with the said money.

The Defendant received KRW 2,100,000,000 from the victim’s account on October 9, 2013, and KRW 1,100,000,000, in total, around October 10, 2013.

Accordingly, the defendant deceivings the victim to acquire the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

1. Selection of an alternative fine for punishment;

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;