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

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

Punishment of the crime

Around August 16, 2011, the Defendant called that “I will use and return only once a month when I lent KRW 20 million to the party related to the Defendant’s residence, by phoneing the victim D, the Defendant called that “I will use the apartment payment of KRW 20 million. I will use the apartment payment of KRW 20 million.”

However, in fact, the Defendant was expected to use the money received from the victim for the entire investment in stocks, and did not think that he would have borrowed money from the victim as an apartment intermediate payment. Even if the Defendant borrowed money from the victim, such as the amount of debt incurred due to an unreasonable investment in stocks at the time exceeds KRW 50 million, there was no ability or intent to repay it.

Accordingly, the Defendant, by deceiving the victim, received the remittance of KRW 20 million from the victim to the E account under the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of trade-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;