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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. Around November 21, 2011, the defrauded made a false statement that “the Defendant would give a discount on the face of the bill” to the victim D at a mutually in the instant coffee shop located in Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu.

However, there was no intention to discount even if the victim received a bill from the victim.

As above, the Defendant had the victim by deceiving the victim, and received from the victim, i.e., the face value of 20 million won and the due date of payment, February 23, 2012, a promissory note D representing the issuer E company.

2. On May 22, 2012, the Defendant embezzled, at the E-company office in the operation of the victim in Seongdong-gu Seoul Seongdong-gu Seoul, using a promissory note with the victim’s request for the discount of the bill at par value 20 million won, the date of payment on August 25, 2012, and the issuer E-company’s representative D, one promissory note for the victim, and embezzled it for the victim at his own discretion on the same day while keeping it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including parts concerning D and G statements);

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) or 355 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 70 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;