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

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

1. On May 23, 2013, the Defendant stated to the effect that “the Defendant would lend money from other locations” to the victim B.

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim due to the lack of any property or income.

As above, the Defendant: (a) by deceiving the victim as above and receiving remittance of KRW 5 million from the victim; and (b) received KRW 100,000 from the victim on June 19, 2013, and KRW 6.2 million on July 5, 2013, respectively; and (c) received KRW 6.2 million from the victim on the same pretext.

2. On October 19, 2015, the Defendant stated to the effect that “the Defendant would lend money to the Defendant on the basis of the need for the value of the restaurant food materials operated by the Defendant at a non-permanent place in Seoul.”

However, the Defendant did not have any intent or ability to repay the amount, even if he borrowed the amount from the injured party, because the financial situation is not good, such as delayed payment of the wages of the restaurant employees.

As above, the Defendant: (a) received transfer of KRW 900,000 from the injured party on December 8, 2015, KRW 500,000 on December 28, 2015, KRW 500,000 on December 28, 2015, and KRW 300,000 on March 9, 2016, respectively, from the injured party, by deceiving the injured party as above, and received KRW 90,00 from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation report (Attachment to summary order of a case violating the Labor Standards Act to a suspect);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;