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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 5, 2020, the Defendant sent the Gosk North message “I will lend KRW 50,000 to KRW 10,000,00,000,000 to KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
The defendant did not have the intention or ability to pay 50,000 won even if he was remitted from the damaged person.
Nevertheless, the Defendant received 50,000 won from the injured party to the Agricultural Cooperative Account (F) in the name of the Defendant around 13:51 on the same day.
In addition, around 01:50 on March 10, 2020, under the contact to repay KRW 50,000 from the injured party, “on the loan of KRW 30,000, it shall be paid with interest of KRW 10,000, not later than March 16, 2020, and it shall receive KRW 30,000 from the injured party to the said Agricultural Cooperative account and shall receive KRW 80,000 in total from the injured party, and shall receive KRW 30,000 from the said Agricultural Cooperative account.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Details of transfer, dialogue exchanged, and application of Acts and subordinate statutes governing receipt of deposits;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69(1) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;