Defendant shall be punished by a fine of KRW 2,000,000.

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

Criminal facts

On December 24, 2011, at around 14:00, the Defendant stated that “The Defendant would lend money immediately after 15 days since the date of lending KRW 10 million to the victim E through D, who is a partner, from a sales store for the Defendant’s operation of the Seongbuk-gu Seoul Metropolitan Government building 125.”

However, in fact, the defendant thought that he received money from the victim as operating funds of the above store, and he did not have any intention or ability to pay the money even if he borrowed money from the victim, because he received money from the victim without any specific property or revenue because he failed to perform his business.

As above, the Defendant, by deceiving the victim as above, received from the victim the money of KRW 10 million from the victim to the above account on the same day.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Application of details of transactions, copies of business registration certificates, and copies of notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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