A defendant shall be punished by imprisonment for six months.

The defendant pays 61,710,000 won to the applicant through fraud.

Punishment of the crime

The Defendant stated in the indictment as “D from C operated by the victim E” in the course of operating the “D,” but this appears to be a clerical error in the written indictment as “from C operated by the victim E,” (see, e.g., evidence records 16,20 pages). From the above “D office” in Incheon Bupyeong-gu F and 502 around February 5, 2014, the Defendant demanded the victim to supply the original amount with the order number “G” and said, “The present outstanding amount may be repaid without any framework, although it is 19,087,784 won.”

However, the Defendant, while there was no particular asset at the time, has to pay approximately KRW 360,2650,000,000 for each month with the obligation of KRW 2350,000,000,000 for each month, and the profit was merely KRW 150-200,000 for the original business through the original business, and there was no specific prospect for the business to be improved. Therefore, even if the Defendant received the original subsidy from the injured party, he/she did not have the ability or intent to pay the amount properly.

Defendant deceiving the victim as above, and received from the injured party the original part of USD 21,407 equivalent to USD 48,165.75 on March 20, 2014 from the injured party, and received the original part of USD 115,860.05 ($ 120,559,580) on four occasions from the above day to April 2, 2014, all of which were issued from March 20, 2014, and acquired the original part of USD 115,860.05 ($ 120,59,580) on ten occasions in total from March 20, 2014 to June 12, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to four copies of monthly production, four copies of electronic tax invoices, details of transactions with a criminal suspect, passbooks of foreign exchange transactions with a criminal suspect, and the details thereof;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Special cases concerning the promotion, etc. of compensation orders and a judgment of provisional execution;