Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant is a person who engages in credit business under the trade name of “C” at his own Government-si B and 2.

On May 17, 2012, the Defendant made a false statement to the victim E that “I will deposit KRW 9,500,000,000 on the discount of promissory notes with a face value of KRW 11 million of the issuance of additional franchises by a stock company.”

However, the defendant did not have the intention or ability to pay the discounted amount to the victim at the time by discounting the bill.

As above, the Defendant, by deceiving the victim, obtained a promissory note with a face value of KRW 11 million and acquired it by fraud.

Around August 14, 2012, the Defendant made a false statement to the effect that “The Victim H who intends to discount two copies of household checks consisting of five million won per face value at the interest rate of 3%” at the 6th floor Co., Ltd. G office of the building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant would give a discount of 5 million won per face value at the interest rate. The Defendant would pay three million won out of the increased discounted amount and pay the remaining discounted amount of 6.1.2 billion won until August 30, 2012.”

However, even if the defendant received two copies of household checks which cause 10 million won in total from the victim at the time, he did not have the intent or ability to reduce the discounted amount as agreed upon by the victim.

As above, the Defendant, by deceiving the victim as above, received two copies of household checks which cause the sum of 10 million won in face value from the victim, and transferred 3 million won to the victim on the same day and did not pay the remaining 6.12 million won, thereby acquiring property profits equivalent to the amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and H

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;