Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On July 2016, the Defendant made a false statement to the effect that “F he operates in Pyeongtaek-si E” to the victim B, “F is a company that installs a smoking part in G and carries on business by installing a self-reader for the sales of coffee within the smoking part. B, upon entering into a franchise agreement with B, would have a smoking part in H install a smoking part. An advertisement installed in the smoking part, which would be 120 to 1.5 million won per month, may raise a monthly revenue of 200,000 won by revenue and coffee sales.”

However, in fact, the Defendant did not have the right to establish a smoking part in H, and even if receiving money from the said victim, the Defendant did not have the intent or ability to allow the victim to establish a smoking part in H.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 13.5 million from the victim to the Agricultural Cooperative (J) account in the name of the victim as the down payment on August 1, 2016.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the amount exceeding the amount of damage is repaid and the scope of liability is not clear by agreement) has a career of being punished five times including a single penalty for the same kind of crime for sentencing, and the crime is not weak, such as re-offending during the period of repeated offense due to the same crime;

However, considering the circumstances favorable to the defendant, such as the confession of the crime of this case late, the fact that the amount of damage is not relatively large, the payment of damage to the victim has been completed, and the fact that there is a family member to support.