Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On June 29, 2012, the Defendant was sentenced to four months of imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on August 17, 2012.

The Defendant, around April 25, 2012, lent KRW 100,000 per day to the victim D at the “C” restaurant located in Seocho-gu, Changwon-si, Changwon-si, to the victim D, he/she shall pay KRW 5 million per day for 60 days. If he/she fails to pay it, he/she shall transfer the deposit for the deposit for the lease of the above restaurant.

‘Along with the purport that ‘the above restaurant lease contract was provided as security, deceiving the victim, and it was remitted KRW 5 million from the victim to the agricultural bank passbook in the name of the defendant E.

However, in fact, the Defendant acquired the above restaurant from the lessor F by transfer from the former lessee G rather than paying the deposit of KRW 20 million to the lessor F, and not paying KRW 11 million out of the acquisition price, but the financial situation has deteriorated, such as the failure to pay monthly rent and restaurant employees even after the acquisition of the restaurant, and there was no property under the name of the Defendant, and thus, there was no intention or ability to pay the money even after borrowing the money from the victim.

In the end, the defendant deceivings the victim and defrauds 5 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and G;

1. Statement made to D by the police;

1. A complaint and a statement of transactions;

1. A certified copy of a notarial deed;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of disposition, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.