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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 2015, the Defendant made a false statement to the victim B by telephone to the effect that “Around the beginning of August 2015, the Defendant was making a business in a foreign country with a large amount of 5 million won or less because he/she was living in a foreign country for two years and currently doing so.”
However, even if the defendant borrowed money from the beginning, he did not have the intention or ability to repay it.
On August 19, 2015, the Defendant received KRW 2 million from the injured party who believed that he was true, and continued to receive KRW 3 million from two times over two times, one million in the accounts of the Saemaul Depository (C) in the name of the Defendant, and received KRW 2 million in the same account on or around the 26th of the same month, and received property benefits, such as receiving KRW 5 million in total from the same account around the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to B
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
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;