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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

[2019 fixed-term 540] On September 2, 2018, the Defendant made a false statement with the effect that “The Defendant shall pay KRW 4.5 million to the victim C, including the interest of KRW 200,000,000,000,000,000,000,0000,000,000,000,000,000,000,000 won, in Hong Kong.”

However, the Defendant did not retain KRW 100 million at the time, and the amount received from the victim was planned to lend money to another person as gambling, and there was no intention or ability to pay the money properly even if he received money from the victim as borrowed money because there was no particular property.

The Defendant, by deceiving the victim as such, received 4.5 million won from the victim to the new bank account in the name of the Defendant at around 19:46 on the same day.

[2019 fixed 703] Around September 21, 2018, the Defendant posted a notice stating that the Defendant sold ‘Masch Rexroth' from Makao to D Kapet.

However, the Defendant did not have the foregoing visibility at the time, and was planned to use the money received from the victim for any other purpose, and thus, there was no intention or ability to send the deposited goods even if they received the payment from the victim.

As such, the Defendant, by deceiving the victim E, received KRW 9 million from the victim to the corporate bank account (F) in the name of the Defendant as the price for the goods.

Summary of Evidence

[2019 High Court Decision 540]

1. Defendant's legal statement;

1. Statement to C by the police;

1. B dialogue between A and C (2019, fixed703)

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on deposit certificates, goods photographs, sales posts, letters, and B dialogues;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;