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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. On March 17, 2011, the Defendant stated that “If the Defendant lent one copy of the check per unit number to the victim C at the Ocainac shop located in Busan-dong, the Defendant would recover or pay the check price in cash, not later than three days before the date of presentation of payment.”

However, the defendant did not have any intention or ability to recover the check from the victim or to pay the price for the check.

As such, the Defendant, by deceiving the victim, obtained from the victim the same day the face value of KRW 40 million and the check number D, a copy of the check number per share of the issuance of same-sex C Co., Ltd. and acquired it by fraud.

2. Around March 20, 2011, the Defendant told the victim C at the Ocainac shop located in Busan Dong-gu, Busan, that “If he/she lends the party shares table, he/she would have a lot of benefits remaining in relation to the apartment construction under construction at the port of distribution, he/she will have more than 2-300 million won.”

However, in fact, even if the defendant borrowed the party shares from the victim, the defendant did not have the intention or ability to recover it or pay the party shares, and there was no intention or ability to pay the profits of the above apartment construction to the victim.

As such, the Defendant, by deceiving the victim, received from the victim the same day the face value of KRW 30 million and the check number E, one copy of the check number per share of the issuance of the same franchis E Co., Ltd., and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the number of units, each letter and each letter;

1. Article 347 (1) of the Criminal Act, the choice of fines for the relevant criminal facts and the type of punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the order of provisional payment.