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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant operated the marina business of “C” on the fourth floor of the Dong Government-si building B.
On September 3, 2014, the Defendant recommended the victim D to make an investment by “C” and “F” to “D’s share in the “C” and “F” located in Sinsan-si, Sinsan-si.”
However, even when receiving money from the injured party, there was no intention or ability of the injured party to acquire the shares normally by delivering them to H (S).
As such, the Defendant, by deceiving the victim, was transferred KRW 40 million from the victim to the bank account of the Defendant’s name on the following day, to KRW 30 million.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to D;
1. Application of Acts and subordinate statutes on investigation reports, accusation reports, details of account transactions, certificates of certification, and certificates of process;
1. Article 347 (1) of the Criminal Act and the selection of fines, inclusive, by the relevant legal provisions and the choice of punishment for the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;