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 November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, etc., and the said judgment became final and conclusive on November 28, 2014.

On October 18, 2011, the Defendant made a false statement to the victim B’s office located in Ischeon-gu, stating that “If money is leased KRW 30 million per annum because it is difficult to operate the health club due to the lack of circumstances, the Defendant would pay interest at 30% per annum and pay all principal until April 18, 2012.”

However, the fact is that the Defendant had approximately KRW 30 million without any special property, and even if he/she borrowed money from the victim because the operation of the health club is difficult from June 30, 2011 to the extent that he/she is unable to pay monthly rent, he/she did not have any intention or ability to repay it.

As above, the Defendant, as the victim, fraudulently speaks to the victim, received KRW 30 million on the same day from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Notarial deed, letter, etc.;

1. Court rulings (Seoul Western District Court 2013Kadan4114), court rulings (Seoul Western District Court 2012Kadan1040); and

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment as ordered shall be determined by taking into consideration the circumstances such as the confession of the accused and the reflection of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the partial repayment of the damaged amount, equity with the case where the judgment in the judgment in the judgment became final and conclusive, etc.