Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On February 22, 2012, the Defendant made a false statement to the victim B, “A intending to open a cosmetic store and red ginseng store in the vicinity of the shift shop in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant would allow the victim B to use part of the space of the cosmetic shop after one month, as the price for the interior is required, if it is lent in KRW 10 million as the price for the interior is required.”

However, in fact, the defendant did not own funds separately, and there was no intention or ability to pay money after the month that there was no other way to collect money, as a opening business fund by lending about KRW 50 million.

As such, the Defendant, by deceiving the victim, received 7 million won from the victim to the account of community credit cooperatives as the Defendant borrowed money in the same place, and received 3 million won from the said account on or around the 23th of the same month.

Accordingly, the defendant acquired a total of KRW 10 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report on investigation (to hear and report the gist of complaint);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;