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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
The Defendant is the owner of the “B mobile phone sales store,” and the complainant as the employee of the same sales store, and the Defendant did not have any intent or ability to repay money with the complainant.
Nevertheless,
1. On March 09, 201, the Defendant, within the “B” mobile phone sales store located in Busan-gu, Busan-gu, issued KRW 5 million in cash from the complainant who believed that “If the Defendant borrowed a monthly rent that is sealed to dispose of the mobile phone sales store business, he/she would dispose of the mobile phone sales store and make a full payment without mold if he/she borrowed the monthly rent that is sealed to dispose of the mobile phone sales store business.”
2. The Defendant, at the same place as before March 23, 2011, issued KRW 2 million to the complainants who believe that “If he/she lends money to the complainants, he/she will dispose of the money and repay the money.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to a copy of loan certificate;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
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;