Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On August 3, 2011, the Defendant, at the small-gu office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, has a debt to the victim B by establishing a security on an apartment house, and if he/she lends money, he/she would have his/her name transferred to the party after removing the debt and cancelling the security.

In addition, it is also necessary to pay approximately 5 million won of individual debt, so that it is also necessary to repay up to March 16, 2012, if it is loaned about 19 million won in total.

“A false representation was made.”

However, even if the defendant received money from the injured party, he thought that he would be used as the fund for the operation of the head office operated by the defendant at the time, so he did not have the intention to repay the debt established in the apartment, and there was no intention or ability to repay the debt due to the absence of other assets at the time.

Accordingly, the defendant deceivings the victim as above and received 19 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a deed of borrowing prior to payments;

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has the history of punishing the accused for the same kind of crime, the amount of damage is not specified as KRW 19 million, but is not agreed with the victim, the amount of fine under the summary order cannot be deemed nonexistent.