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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who operates POS devices (POS) sales and installation companies in the following cities:
On May 12, 2016, the Defendant enticed the victim by sending the “Agreement on One Capital Capital-Raising Capital-Raising Financing” to the “F” operated by the Defendant, despite the absence of the fact that the Defendant sold or installed the device to the “F,” and then transferred KRW 2,102,40,00 to the Defendant’s account of the National Bank in the name of the Defendant’s wife G (H account number: H account number) from the victim, as the sales proceeds of the business on May 16, 2016.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made to I by the police;
1. A certificate of confirmation that he/she remitted 2,102,40 won to a criminal suspect from a petition for criminal complaint, an agency agreement for the use of finance in installment (D) (D) and a written statement of general installment financing agreement (application) (E), E office pictures, and Dr. C.C.C. (State) [the crime of fraud is established by deceiving another person, thereby acquiring property or pecuniary benefits from the defective intent, and the essence of fraud is to acquire property or pecuniary benefits from deception, and thereby it is thereby infringing upon the other party's property, so it does not require the other party to have actual property damage.
Even according to the Defendant’s statement, the Defendant, in collusion with E and J, prepared “a letter of installment financing agreement” in the name of E and received KRW 2,102,40,00 from the injured party in the absence of installation of a package device, and it is recognized that the relationship between the deception due to the submission of the said letter of installment financing and the decision on installment financing is recognized.