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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 19, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Specialized Credit Financial Business at the Seoul Central District Court on October 19, 201 and the said judgment became final and conclusive on January 21, 2017.
On December 22, 2014, the Defendant would provide the victim C with the cost of KRW 30 million, including interest KRW 30 million, within three days per week, at a Buddhist coffee shop located in Gangdong-gu Seoul, Seoul.
“.........”
However, in fact, even if the defendant and B did not have the ability to obtain a loan of KRW 2 billion and received money from the injured party, they did not have a situation to reduce KRW 60 million later than 3 days, and they thought that they will receive money from the injured party and use it for personal purposes.
The Defendant, in collusion with B, by deceiving the victim as above, received a remittance of KRW 30 million from the victim to the account under B’s name on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Statement made by the police against C;
1. Each report on investigation;
1. Complaint;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a judgment of the first instance court rendered by a suspect A);
1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Punishment) of the Criminal Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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;