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

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

Punishment of the crime

On February 2, 2017, the Defendant was scheduled to construct a complex building on the Jeju-dong, Daejeon-gu, Daejeon-gu C at a non-commercial coffee shop.

The building permit and the selection of the contractor have been completed, and only the sale procedure should proceed.

If the payment of KRW 30 million is made, it may be arranged to conclude the Si event and the sales agency contract for the purchase of goods, and the sales agency may commence the affairs within one week.

On March 2017, a false statement was made to the effect that “I will refund the full amount of the brokerage fee if the brokerage fee does not begin until the end of the business.”

However, in fact, it was not possible to start the sales agency business on the date agreed from the beginning because the construction permit was not granted at the time, and the selection of the contractor was not possible, and there was no intention or ability to return the agency fee to D because it was intended to lend it to D or use it in full for the personal purpose.

Accordingly, the Defendant, by deceiving the victim as above, obtained the delivery of KRW 30 million from the victim as a broker fee on February 17, 2017 to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of the contract for the business purpose of PM, a copy of the service agreement, a copy of the certificate of transfer;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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

1. Consideration of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, including the details and scale of damage, the total amount of damage and the agreement with the victim;