Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

[Criminal Records] On October 28, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on the 31st of the same month.

[Criminal facts] On July 14, 2015, the Defendant: (a) at the Defendant’s office located in Daegu-gu, Daegu-gu; (b) “The Defendant is currently operating the amusement room in the his salary-dong, Nam-gu, Daegu-gu; and (c) the Defendant is a plan to newly open the amusement room in his name-dong.

If a person lends KRW 20 million to another person, he/she shall purchase 40 times of amusement with the money and reduce the profits of KRW 400,000 per machine to KRW 10,000 per day, and the principal shall be paid immediately at the time of request for return.

“The purpose of “ was to make a false representation.”

However, the Defendant borrowed money from the injured party without any specific property to use the money for personal purposes, such as operating expenses of the main office operated at the time, and thus, even if borrowing money from the injured party, there was no intention or ability to pay the profits promised to the injured party by opening a entertainment room and paying the principal in time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 20 million from the Daegu Bank Account under the name of the Defendant on the same day from the victim; and (c) received an additional KRW 3 million from the victim around the 29th of the same month to the said account under the name of borrowing money; and (d) received an additional KRW 23 million from the victim to the said account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of borrowing, details of banking transactions, and details of passbook transactions;

1. Previous convictions in judgment: Inquiry about criminal history and application of respective statutes of judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Although the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant had been punished several times for the same kind of crime, the Defendant committed the instant crime.