A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On June 2013, the Defendant: (a) at the D office of the Defendant’s operation corporation in Yangyang-si, Namyang-si, the Defendant called “a company’s additional tax is unpaid; (b) 15 million won can be loaned from the bank; and (c) 50 million won can be paid by paying the additional tax.”

However, at the time, the Defendant’s unpaid value added tax was KRW 23,54,280, and even if the Defendant borrowed the above money from the victim, the Defendant was unable to pay the unpaid value added tax in full. The said money received from the victim was most likely to be used as the cost of materials for transaction, not the delinquent value added tax. Since the personal debt is about KRW 70,000,00,000, it was unclear whether the Defendant would be able to receive a loan from the bank after one month even if he borrowed the above money from the victim.

On July 2, 2013, the Defendant, by deceiving the victim as such, received 15 million won from the victim to the account in the name of the Defendant’s fatherF on July 2, 2013, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the detailed list of transactions of deposits and withdrawal;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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 [The punishment shall be determined in consideration of the circumstances, such as the size of taking place, the fact that the defendant has agreed smoothly with the victim, the defendant has divided the crimes, and the fact that the defendant has no record of the same kind of crime];