Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

1. On February 22, 2017, at around 13:00, the Defendant made a false statement to the victim D, the owner of the business, “A Mina City B” located in Osan-si, Osan-si, the Defendant paid KRW 100,000,000 to the victim D, the owner of the business.

However, there was no fact that the defendant paid only money at the above establishment and did not receive money.

Nevertheless, the defendant showed the attitude that he paid the price of marina and did not receive it as above, and by deceiving the victim, he received 10,000 won in cash immediately from the victim and acquired it by deceit.

2. On February 22, 2017, the Defendant attempted to commit fraud, “Around 20:15, the Defendant paid KRW 100,000 to the victim G, an employee of the Defendant, “F marina in Osan-si E”, and made a false statement.

However, there was no fact that the defendant paid only money at the above establishment and did not receive money.

Nevertheless, even though the defendant tried to obtain money from the injured party by 10,000 won, considering the attitude that he did not seem to have paid the price of marina and did not receive a marina, the defendant did not instruct the above D, who is the main owner of the business, to report the fact to the police, and did not commit an attempted crime.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each statement of D and G;

1. Application of investigation reports (on-site police officers' investigation reports) and investigation reports (victim G investigation reports) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, and the choice of fines for each offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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