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

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

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of ten-month imprisonment for fraud at the Seoul Central District Court on January 21, 2016, and the judgment became final and conclusive on April 12, 2016. On November 10, 2016, the Seoul Western District Court sentenced the suspended sentence of three years for imprisonment with prison labor at the Seoul Western District Court on November 18, 2016, and became final and conclusive on November 18, 2016.

【Criminal fact-finding around December 7, 2012, the Defendant stated that “The Defendant would provide the victim with the right of business and the job to sell coffees, etc. to the restaurant customers from December 15, 2012 on the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government B building with a deposit of KRW 20 million, in order to operate the restaurant by leasing the second floor of the B building to the entire two floors of the B building.”

However, in the process of opening a restaurant of the 7th floor floor in B building from June 2009, the Defendant changed the 7th floor floor floor restaurant to a dance hall, discovered, and was punished for violation of the Building Act, and suffered damages by the revocation of the business. Since the opening of the 2nd floor restaurant in B building was not prepared for approximately KRW 600 million, it was difficult to open the business normally, so there was no intention or ability to allow the Defendant to run the rest room business normally even if he receives money from the injured party.

As such, the Defendant, by deceiving the victim, entered into a real estate sublease contract with the victim on the same day as the victim's right of business operation, and acquired money from the victim to the post office account in the name of the defendant under the same day as the deposit money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment does not reach an agreement with the victim.