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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On January 16, 2013, the Defendant told the victim D (55 years of age) to “it is no longer necessary to acquire urban gas and oil boiler due to the need to do so, and to transfer 600,000 won to the high-speed oil boiler, if the Defendant first received the above money from the victim.” However, even if the Defendant received the above money from the victim, the Defendant did not have any intention or ability to supply the high-form oil boiler.

On January 25, 2013, the Defendant received five million won from the victim to the account of community credit cooperatives of the Defendant on January 25, 2013, and acquired the profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the interrogation protocol of the accused prepared by the police;

1. Statement of each statement of D prepared by the police; and

1. Each description of an investigation report (E of reference witnesses) and investigation report (F Telephone investigation of reference witnesses) prepared by the police;

1. Application of Acts and subordinate statutes stated in a written confirmation of details of transactions of admission and withdrawal (Evidence No. 11-1 of the evidence records);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;