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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, as an auditor of C Co., Ltd. (hereinafter “the above department store”), is a person who actually operates the above department store business while in charge of entering into a contract and fund management.

Around April 15, 2016, the Defendant entered into a lease agreement with F Co., Ltd., the owner of the building in Yongsan-gu Seoul Metropolitan Government through her husband D, with a deposit of KRW 3 billion, monthly rent of KRW 180 million, monthly rent of KRW 180 million, and five years from April 15, 2016 to April 14, 2021 for the above department store business, but there was no money for promoting the project, such as the lease deposit, building interior cost, etc.

Accordingly, the Defendant collected money from companies manufacturing cosmetics, etc. as if they would open the department store and enter goods within one month, and raised money to appropriate funds for business, personal living expenses, etc. with the money.

On June 10, 2016, the Defendant stated that the C department store office located in the above E, and that “The Defendant, the representative director of G, would open the C department store on July 2016, and completed all preparations to attract Chinese tourists, i.e., the Defendant would allow the Defendant to enter health functional foods and cosmetics produced by the victim company within the month of up to 15 million won.”

However, at the time, the Defendant did not pay more than KRW 370,000,000,000 of the rent of the department store building and did not pay rent at all, and he was aware that he would cancel the lease contract from F, a lessor. The Defendant was in the state that he did not fully provide funds for opening the department store, such as interior work, and therefore, the Defendant did not have any intent or ability to sell the victim’s goods by opening the department store.

Nevertheless, the defendant deceivings the victim as above and is the same as that of the victim.