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

The defendant was a person who had been engaged in the auction of pet dog in the past, and the victim C was a person who was in preparation for pet dog propagation.

On April 2014, the Defendant: (a) committed fraud against the victim on the land of 2014; (b) even before leaving the phone, the Defendant told the victim to deposit the purchase price in advance, 10 maths of pregnant dogs, which can bring about a gold dog with an excellent dog.

However, the defendant did not have the intention or ability to purchase excellent dogs to the victim.

Around April 17, 2014, the Defendant, by deceiving the victim, received KRW 5,250,000,000,000 from the victim to his own agricultural bank account (D) around April 17, 201, for a total of KRW 5,000,000,000,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant paid 10,000 won to the victim, including 2,50,000 won to the victim.

The victim has pets that he brought about, and brought about 6 to 7 maths after the lapse of 7 days, and thereafter, the defendant contact several times with the victim for a good pet, but the victim does not appear in mind.

In the end, the loan certificate has been prepared.

B. The Defendant did not acquire money by deceiving the victim as stated in the facts charged of the instant case.

2. Determination

A. The criminal intent of defraudation, which is a subjective element of fraud, is not a confession of the defendant, so long as the defendant does not make a confession, the criminal history, environment, and crime before and after the crime.