사기
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 22, 2009, the Defendant made a false statement to the victim B by telephone, stating that “When the Defendant borrowed a restaurant with his store in Changwon C, he will complete the payment of KRW 5 million after one week if he borrowed the restaurant.”
However, the defendant did not have assets due to bad credit standing at the time and could not register his/her business in his/her name, and even if he/she paid a lease deposit with borrowed money from the victim and operates a restaurant, it was impossible to repay the borrowed money in a short term.
Nevertheless, the Defendant received KRW 5 million from the victim to the Saemaul Bank account in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes on copies of bankbooks;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.