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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On July 6, 2010, the Defendant stated, “Around July 6, 2010, at E-cafeteria operated by the victim D located in Gangnam-gu Seoul Metropolitan Government, the Defendant sold the land to the Government’s surrounding area, and there is no money now now. Therefore, if the Defendant lent KRW 10 million to the Government, it would have to be repaid within six months including interest.”
However, at the time of fact, the defendant did not directly purchase the government land, and the insurance business operated by the defendant was hostile, and there was no particular income, so even if the above money was borrowed from the victim, there was no intention or ability to pay the above money and interest within six months.
As above, the Defendant, by deceiving the victim, received from the victim the remittance of KRW 10 million from the bank account (Account Number: G) in the name of F, which is the child of the defendant at the seat of the victim, to the bank account in the name of the defendant.
2. On August 31, 2010, the Defendant made a false statement to the victim D, stating, “The office operating expenses are insufficient. It shall be repaid within six months if the Defendant borrowed money, and the interest shall be paid up to two copies per month.”
However, at the time of fact, there was no intention or ability to pay the above money and interest thereon within six months even if the above money was borrowed from the victim because the insurance business operated by the defendant was not only the enemy but also the defendant did not have any specific income.
As above, the Defendant, by deceiving the victim, received from the victim the remittance of KRW 10 million from the bank account (Account Number: G) in the name of F, which is the child of the defendant at the seat of the victim, to the bank account in the name of the defendant.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Part concerning D's statement in the second interrogation protocol of the defendant against the police;
1. Statement made to D by the police;
1. A complaint;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment