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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On February 20, 2012, the criminal defendant against the victim B made a false statement that he/she would faithfully pay monthly installments to the victim B (the 63 years of age) after taking up a meeting of 10 million won and taking up two times to the victim B (the 63 years of age).
However, in fact, the defendant did not have any intention or ability to pay monthly payments, even if he received the monthly payments from the victim, since he did not have any specific property at the time of the defendant's personal debt amounting to 40 million won.
On March 21, 2013, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim’s house located in Heung-gu Seoul, Chungcheongnam-gu.
2. On May 12, 2010, the Defendant made a false statement to the victim D, who was within the F hotel located in Heung-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the victim D (which is 24 years of age) that “I will immediately repay 500,000 won a monthly wage, if I lend 50,000 won.”
However, the defendant did not have any intent or ability to repay the money even if he borrowed the money from the victim due to personal debt, etc. like Paragraph 1.
The Defendant, by deceiving the victim, received KRW 500,00 from the victim to the Agricultural Cooperative Account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made against D and B;
1. A copy of a bankbook;
1. A copy of the account remittance statement;
1. A specification of transactions;
1. A detailed statement of succession;
1. Application of Acts and subordinate statutes to investigation reports (to telephone conversations of a victim and report on suspect telephone conversations);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;