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

Around August 9, 2006, the Defendant entered into an entrustment contract for the operation of a D bus terminal with the victim E who operates the D bus terminal and the D terminal ticket office, stating, “The remainder of the income remaining after excluding expenses and taxes, out of 10% of the total monthly sales of each ticket office shall be 50% and shall have half the amount.”

The Defendant had already received dividends under the above entrustment contract, and did not have concluded a part-time contract with the complainant. On March 12, 2012, the Defendant filed a lawsuit claiming the return of unjust enrichment and the claim for labor cost by deceiving the full bench, arguing that “In the course of the operation of the ticket office, the complainant distributed the total revenue to 50% and deducted the expenses and taxes only for the share of the Defendant by deducting the expenses and taxes, etc. from the share of the Defendant, the Defendant did not have any unjust enrichment equivalent to KRW 20 million, and did not pay the part-time wage equivalent to KRW 48530,000,000,000,000.” The Defendant attempted to obtain the said money by deceiving the full bench, and the victim did not have fulfilled his/her intent by responding to it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A copy of the complaint, a copy of the response, a statement of revenue settlement, and a letter of consignment contract;

1. Application of Acts and subordinate statutes governing the settlement of accounts in May of a D Terminal, defendant's notes, and recording records;

1. Relevant Articles 352 and 347 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reason of conviction under Article 334(1) of the Criminal Procedure Act is an offense in which a person acquires the other party’s property or property interest by deceiving the court and obtaining a favorable judgment against himself/herself. The punishment of the offense is inevitable to lead to the chilling of the civil trial system that anyone can make favorable arguments to himself/herself and receive remedy through a lawsuit. Thus, the defendant’s assertion in the lawsuit except where he/she recognizes the offense.