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

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

Punishment of the crime

[criminal history] On January 13, 2015, the Defendant was sentenced to a fine of KRW 7 million for fraud, etc. in the Sungnam branch support, which became final and conclusive on August 26, 2016, and was sentenced to a five-month imprisonment for breach of trust in the Sungnam branch support of Suwon branch of Suwon branch of Suwon branch of Korea on August 26, 2016, and on January 25, 2017.

[2] On September 10, 2015, the Defendant received an inquiry from the victim E about the approval of the tourist farming center project for the FF Co., Ltd.’s forest G 8,930 square meters (hereinafter “the instant forest”) owned by the victim E at the D office located in Sinju-si around September 10, 2015, and received an inquiry from the victim E about the approval of the FF Co., Ltd.’s forest 8,930 square meters (hereinafter “the instant forest”).

If the approval is not granted, it would be false that the KRW 10 million should be refunded.

However, even if the defendant received KRW 10 million from the injured party, he was thought to be used for personal purposes, such as other business expenses of the defendant, and did not have the intention or ability to carry out the procedures for approval of the tourist farm project, and the financial status of the forest of this case is not good. Therefore, even if the approval of the tourist farm project for the forest of this case cannot be obtained, there was no intention or ability to return the victim KRW 10 million to the injured party.

The Defendant, as such, by deceiving the victim, received KRW 1 million from the victim to the account under the Defendant’s wife H around September 10, 2015, and KRW 9 million from the same account around October 30, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (the details of the prosecutor's direction);

1. Details of financial transactions;

1. Written complaint (including attached documents);

1. Previous convictions: Application of inquiry statements, such as criminal history, and investigation reports (Attachment to judgments of the same kind as the suspect)-related Acts and subordinate statutes;

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

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. Article 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).