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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On March 9, 2009, the Defendant was in possession of the right to operate and manage a building by E, the owner of the 6th theater of the Dongjak-gu Seoul Metropolitan Government C building, which was entrusted by the owner of the 6th theater. On December 29, 2009, the Defendant agreed to operate a screen golf course by winning a contract with F and the victim G with the said theater where auction is being conducted. On January 29, 2009.

On June 7, 2010, the Defendant entered into a lease agreement with the victim on the six-story theater office of the Dongjak-gu Seoul Metropolitan Government, Seoul Metropolitan Government, on the six-story theater building, and directly received the victim the lease agreement on the said six-story theater building from the managing director to the account of the National Agricultural Cooperative in the name of the Defendant’s H on the same day, stating that “the head of the management office wishes to perform the removal work for the operation of the screen golf course, he/she shall pay KRW 20 million in advance. When sending the advance payment for the management expenses, he/she shall pay it to the management office and receive the receipt.”

However, the defendant was urged to pay KRW 12,000,000 unpaid management expenses when operating the D theater from the management body of the C building, and there was no fact that the defendant was requested to pay the management expenses for the screen golf course that he had been trying to do business with the victim at the time of auction.

Accordingly, the defendant was delivered KRW 20 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, F, and I (Provided, That I is partial);

1. Part of the interrogation protocol of the accused by the prosecution (including G and F statements among the interrogation protocol of the second prosecution)

1. Each police statement made to G and I;

1. A complaint;

1. A copy of a lease contract, a copy of transfer certificate, a copy of receipt, a copy of a three-dimensional map of business facilities, a copy of the agreement on the same business, and the application of statutes to the representative minutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;