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

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

Punishment of the crime

On January 18, 2016, the Defendant made a false statement to the victim B to the effect that, within the coffee shop located in the Nam-gu Incheon Metropolitan City, “The removal of the non-construction apartment in the Chungcheongbuk-si, Chungcheongnam-si, received orders from the land owner. The Defendant transferred all of the non-construction apartment in the relevant field to 50 won per 1km, and changed to 8 million won as the first down payment.”

In fact, the Defendant did not receive an order from the landowner to remove the said site, and thus, the Defendant did not have any intent or ability to transfer the scrap metal to the victim by carrying out the removal work.

Nevertheless, the Defendant, by deceiving the victim, was transferred KRW 8 million to the Agricultural Cooperative Account (D) in the name of the Defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;