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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 2015, the Defendant made a false statement to the victim B that “The Defendant would transport aggregate at the construction site of the C, D, and E private house and pay construction equipment rental fees.”
However, there was no intention or ability to pay aggregate transport charges and construction equipment rental charges to the victim until a reasonable period expires even if the defendant received transportation services and equipment from the victim because there was no special property or income.
On May 23, 2015, the Defendant: (a) from around November 28, 2015 to around November 28, 2015, caused the victim to transport aggregate at the aforementioned construction site; (b) leased construction equipment from the victim; and (c) did not pay transport expenses and rental fees equivalent to KRW 7.66,00 in total; and (c) acquired property and property gains in total of KRW 1,875,00 (No. 7,8) equivalent to the total of KRW 2875,00,000 in eight occasions, as indicated in the attached list of crimes; and (d) acquired property and property gains in total of KRW 1,875,40,00 (No. 1 to 6, the list of crimes).
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A complaint prepared by B;
1. Application of Acts and subordinate statutes to each investigation report (the attachment of documents submitted by the complainant B, the attachment of documents submitted by the defendant, the details of transactions to the account submitted by the defendant, and the
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (attached Table 1 to (3) of the List of Offenses shall be comprehensively included, and the choice of fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: A fine not exceeding 30 million won;
2. Application of the sentencing criteria: The sentencing criteria have been chosen as a fine.