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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Around October 25, 2010, the Defendant made a false statement to the effect that “When he/she was ordered to leave the apartment construction at once, he/she would repay KRW 20 million to the victim D after three months after the shortage of funds, he/she would repay the amount of KRW 40 million to the victim D at the Defendant’s office located in Seongbuk-gu Seoul Metropolitan Government.”
However, in fact, it is unclear whether the Corporation does not commence a new construction work, the ordering person, because the Corporation did not start a new construction work, the Corporation of the Ulsan-do Rental Apartment that the Defendant agreed to execute with the subordinate agency, and even if the Defendant borrowed KRW 20 million, it did not have any intention or ability to repay the amount of KRW 40 million after three months.
Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim, obtained a total of KRW 10 million by account transfer around October 25, 2010, KRW 5 million in cash around October 27, 2010, and KRW 20 million in cash around October 28, 2010.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Statement made by witnesses D in the second protocol of the trial;
1. Statement made to D by the police;
1. Statement D in the suspect examination protocol of the accused by the prosecution;
1. Statement made in D among the suspect interrogation records of the police against the accused (the second, the second, and the replacement);
1. A complaint filed for DNA preparation;
1. Receipts:
1. The loan certificate;
1. Payment plan;
1. Details of transfer;
1. A copy of the instant statement of opinion [a comprehensive view of the following circumstances recognized as a whole of the above evidence, a copy of the instant statement of opinion may be recognized as the fact that the Defendant, other than E, obtained by borrowing KRW 20 million from the victim D and obtained by deception as indicated in the judgment of the Defendant. ① The victim D was aware of the Defendant while lending the said money through the introduction of G. If the said money was alleged by the Defendant, E, as alleged by the Defendant, knew of the fact that the said money was used for the subcontracted work and the borrower borrowed the said money, shall receive the receipt and the loan certificate in the name of E, a contracting party to the said subcontracted project.