Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[2014 High Court Decision 2289] On May 26, 2013, the Defendant made a false statement to the victim D at the house of Nam-gu B apartment operation 207, Nam-gu, Nam-gu, 2013, stating that “The Defendant will work as an employee on the side of the week with the advance payment of KRW 3 million.”

However, even if the defendant receives advance payment from the victim, the victim did not have the intention or ability to work as an employee in the Eda operated by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the Agricultural Cooperative Account in F on May 27, 2013, and acquired 3 million won from the victim.

[2014 Gocheon2351] On June 2, 2013, the Defendant reported job offer advertisements through newspapers by the victim G, and told the victim to work at the Iba operated by the victim in the name-free family located at the same day from June 4, 2013, when the Defendant met the victim or paid the prepaid amount, from June 4, 2013.

However, even if the defendant receives the advance payment from the victim, he did not have the intention or ability to pay the advance payment to the other side, and did not have the intention or ability to work at the business of the victim.

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 3 million to the Agricultural Cooperative passbook (Account Number:J) under the name of the Defendant for advance payment, and continued to leave the advance payment from the multiples of the said victim on June 4, 2013 to the son, who is a sports player, and received a total of KRW 700,000 from the Defendant’s son’s own name, additionally transferred KRW 70,000 through the Agricultural Cooperative passbook (Account Number:K) under the name of the Defendant for advance payment.

Summary of Evidence

[2014 High Court Decision 2289]

1. Defendant's legal statement;

1. Statement made by the police with D (2014 high-level 2351);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The Criminal Act among concurrent crimes.