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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 10, 2017, the Defendant called the victim B at an infinite place on July 17, 2017, and called the victim B, and the Defendant was unable to discharge the Defendant from hospital because of the lack of hospital expenses.
In the case of money, 3 million won is changed. The victim made a false statement to the effect that the defendant could not lend money in excess of 20 million won from the injured party on November 2015. The victim made a false statement to the effect that "the victim would not lend money in excess of 20 million won from the injured party without paying the money."
However, at the time, there was no need to pay hospital expenses in order to discharge the defendant's wife because the defendant's wife was not hospitalized in the hospital, and at the time the defendant was on board the hospital.
BMW GT car is a leased car, which is not a car leased by the defendant, and there was no authority to sell it to the defendant or offer it as a security, and even if the defendant borrowed money from the injured party on November 2015 due to the absence of a certain occupation, there was no intention or ability to pay it normally even if he borrowed money from the injured party, such as the injured party failed to pay 20 million won.
The Defendant was granted KRW 3 million as a loan by deceiving the victim by the above method and obtaining a credit card from the victim by deceiving the victim and then withdrawing the cash amount of KRW 3 million by using the above credit card.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness B;
1. Application of Acts and subordinate statutes of each police statement protocol to B;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;