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

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

Punishment of the crime

On February 6, 2013, the Defendant made a false statement to the “C” restaurant located in Seogu-gu, Daegu-gu, to the “E” employee of D Co., Ltd. (hereinafter “C”), stating that “I will make a change of KRW 1,00,000 per month, and make a transaction of alcoholic beverages for three years.”

However, in fact, the Defendant was bad credit holders, and the Defendant intended to borrow money from the injured party to repay credit payment obligations, such as the cost of construction of the restaurant, and the above restaurant was operated in the state of the enemy. Therefore, even if he borrowed money from the injured party, he/she did not have any intent or ability to maintain the transaction of alcoholic beverages with the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) acquired money from the victim to the Agricultural Cooperative Account in the name of F (C) around February 6, 2013, by remitting KRW 15 million from the victim.

Summary of Evidence

1. Each protocol of examination of witness E and F;

1. Statement of the police statement related to G;

1. A complaint, loan agreement, written agreement on transactions of alcoholic beverages, text of judgment, reply, verification report on closure of business, comprehensive credit report, power of delegation, remittance details, bank transaction details under F name, deposit transaction details, statement of fact-finding, register, certified copy of the register, bank transaction details, written opinion and written opinion on non-prosecution decision No. 70356 of 2014 type No. 70356, loan certificate, certificate of seal impression, and written certificate;

1. Application of Acts and subordinate statutes to each investigation report (No. 13, 22, 25, 26, 29, 30, 32)

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

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;