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

On January 16, 2017, the Defendant made a false statement that “The Defendant has engaged in the business of selling organic fertilizers for about seven years prior to the investment of approximately KRW 25 million to the victim D. The amount of KRW 5 million out of the amount of investment KRW 25 million shall be remitted to the “E” who is the complainant of another criminal case for an agreement, and the remaining KRW 20 million shall be remitted to the “F” who is the business partner, as a advance payment. Since the credit credit amount was 250,000,000 won, the Defendant received the credit amount and returned KRW 25,50,000,000 from April 30, 2017 to the “F” who is the business partner.

However, the above credit settlement claims amounting to KRW 250 million was unlikely to be recovered, and the Defendant was thought to use KRW 10 million out of KRW 20 million, which was remitted by the victim to “F as a advance payment, to repay credit obligations to “F” and return the remainder of KRW 10 million as an agreed amount for “E”. Thus, even if the Defendant received an investment from the victim, the Defendant did not have any intent or ability to return the principal of the investment amount to the victim or pay the proceeds.

As above, the Defendant, by deceiving the victim, had the victim pay KRW 5 million to the “E” on the same day, and had the victim pay KRW 20 million to the “F” on the 18th day of the same month, and acquired property profits equivalent to KRW 25 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint, an explanatory note, and a letter;

1. Previous records of judgment: Criminal records, investigation reports (verification of repeated crimes of suspects and attachment of the same military record), personal confinement status, application of each copy of judgment, and applicable Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant for the reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is the defendant on December 10, 2015.