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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

On February 23, 2011, the Defendant prepared a written confirmation to the victim E (a) D office operated by the Defendant located in C 8th floor in Geumcheon-gu Seoul Metropolitan Government (Seoul Metropolitan Government) on February 23, 2011, stating that “If the money in operating the business is leased 150 million won as it is necessary, the Defendant would pay 10% interest every month and additionally distribute the adequate profits when making additional profits.”

However, the Defendant was thought to use the above borrowed money for stocks and futures investment rather than business operation, and since the above D and other businesses operated by the Defendant were in financial situation to the extent that the employee’s wages were not paid, there was no intent or ability to perform the above principal and interest payment agreement.

The Defendant, by deceiving the victim as such, received KRW 150 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

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