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

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

Punishment of the crime

In October 2009, the Defendant made a false statement to the effect that “E” operated by the victim D in Gangnam-gu Seoul Special Metropolitan City (hereinafter “E”) with the victim’s “E,” while speaking to the effect that “self-reliance is the president of the SK station and the Japanese name is F, and is operating “G,” the Defendant would pay dividends of 45 million won per month if he/she invests 45 million won in “G” operated by his/her own,” and then, he/she would pay dividends of 5 million won per month.

However, the facts are that the Defendant was an employee, rather than the president of the above station, who is not operating the said “G”, and therefore there was no intent or ability to pay dividends even if the Defendant received investment funds from the victim.

Nevertheless, around November 3, 2009, the Defendant issued cashier's checks in an amount equivalent to KRW 100,000,000 in total, KRW 45,00,000 from the victim's officetels in Gangnam-gu Seoul Metropolitan Government H and 302 as investment money from the victim's officetels in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes on personal financial transactions, details of issuance of cashier's checks, accusation books, name cards, details of passbook transactions, and payment angle;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of having been punished several times as a fraudulent crime, and the damage suffered by the victim is not a significant number of damage caused by the instant crime. However, the defendant's consent with the victim to the extent that the victim desires the defendant's wife, and the defendant's age, character and conduct, present health conditions, family environment, etc. shall be determined as ordered by taking into account all the sentencing conditions