Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 2015, the Defendant made a false statement to the victim E, within the scope of the “D party room” located in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) and that “I would like to seek money from the said Chairperson for KRW 30,000,000,000,000, not for 45,000,000 won per cigarette.”

However, even if the defendant received money from the victim from the first time, he did not think of using it as the purchase price of tobacco, he thought that he would use it as the purchase price of tobacco previously purchased, he used it as the purchase price of tobacco, and there was no intention or ability to purchase tobacco to the victim after using it as the purchase price.

On April 12, 2015, the Defendant received KRW 1 million from the victim to the F account in the name of the Defendant’s name (company G) designated as the price for tobacco purchase.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of Appellants);

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment, and the choice of fines (the fact that the defendant is found to have committed the crime of this case during the period of repeated crime but is detained for 47 days, and thus his/her mistake is against the victim, and the defendant paid one million won to the victim on December 14, 2015 and agreed with the victim, etc.);

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;