Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. The Defendant, on May 25, 2013, committed fraud, at D Rite Art located in Gangwon-si, Gangwon-gu, on May 25, 2013, to the victim E, “A father who is being treated as liver cancer and has a simple sense.”

In that sense, there is no simple hospital expenses, so far as it is different, it will be paid in monthly pay.

If the payment is not made, the false statement was made that the transaction details will be reported.

However, in fact, the Defendant intended to receive money from the damaged party for personal use, such as living expenses, and even if the Defendant borrowed money from the damaged party, the Defendant did not have any intent or ability to pay the loan amounting to approximately KRW 40 million, including the loan amount from the lending company at the time, and the loan amounting to about KRW 40 to 60 million, monthly interest from the lending company.

As such, the Defendant, by deceiving the victim, was transferred one million won to an enterprise bank account under the name of the Defendant for the purpose of borrowing from the victim.

2. On November 1, 2013, the Defendant made the phone call to the victim on November 1, 2013, and made a false statement to the victim, stating, “The father needs to undergo surgery with liver cancer, and thus, money is needed to receive transplant.”

However, on October 28, 2013, the father of the defendant had already died and had no need to undergo a simplified surgery, and the defendant tried to use the money for personal purposes, such as living expenses, etc. from the injured party, and even if he borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victim, received 4.1 million won from the victim to the corporate bank account under the name of the Defendant under the pretext of borrowing money.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes on the details of remittance transactions, such as reimbursement;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;