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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On September 30, 2014, the Defendant issued a false statement to the victim C Co., Ltd. located in Busan Seo-gu, Busan, to the effect that “on payment of the advance payment, the Defendant would deliver metal products worth KRW 31 million until November 28, 2014.”

However, the defendant did not have the intent or ability to deliver goods to the victim even if he receives money from the damaged party, such as cancellation of the registration of the business operator who operated the tax in arrears.

The Defendant, as such, by deceiving the victim, was used by the Defendant around October 2, 2014 from the damaged party.

D It received KRW 10 million from the account under the name of the D as advance payment and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written confirmation of the draft D (16 pages of investigation records);

1. Written estimate (11th page of the investigation record), a text text (12 pages of the investigation record), and a photograph of capturing a text message (18 pages of the investigation record);

1. Inquiry about the results of transfer (13 pages of investigation records), application of Acts and subordinate statutes on transaction details of passbooks (17 pages of investigation records);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;