Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On February 10, 2017, the Defendant: (a) was the head of the marketing agency Co., Ltd. Co., Ltd.; and (b) entered into a contract for marketing service with the victim E by stating that “Around February 10, 2017, the Defendant would make payment to the victim E of the instant company located on the eightth floor of Suwon-si D Building, Suwon-si, Seoul, with the rate of KRW 6,400,000,000,000 per month. If a tax invoice is not issued, the transfer to an individual account, other than the name of the company.”

However, even if the defendant is paid the defendant's personal account from the injured party, the contract is to proceed with, or the above company was thought to be exclusively engaged in marketing activities on behalf of the company without conducting marketing activities on behalf of the company, so there was no intention or ability to provide the victim with the marketing agency services.

On February 11, 2017, Defendant Co., Ltd. received 1.6 million won from the victim, through the Agricultural Cooperative Account (F) in the name of Defendant No. 31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police for E;

1. A criminal investigation report (in the case of a complainant E telephone investigation), a criminal investigation report (in the case of a complainant-record file submission and contents);

1. Complaint;

1. - Application of Acts and subordinate statutes on the transactions of deposits and withdrawal.

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act shall be partially reduced according to the summary order, taking into consideration all the circumstances, including the fact that the accused returned the amount by fraud to the company by the intention of the victim after the fact, and that the intention or ability of the accused to conduct marketing agency business for the victim seems to have existed at the time of committing the crime.