Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
【The Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court on February 18, 2011, and the said judgment became final and conclusive on June 10, 2011.
【Criminal fact-finding on March 2008, the Defendant, at the “D” office operated by the Defendant in Seocho-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around March 2008, there is insufficient money to purchase the shot machinery from the victim E.
The loan made a false statement to the effect that it will be repaid 15 days after the loan of money.
However, the defendant did not have any intention or ability to repay even if he borrowed money from the injured party due to the absence of any particular property.
Around March 31, 2008, the Defendant, by deceiving the victim, received KRW 6 million in cash from the victim, and around April 3, 2008, received KRW 15 million in total from the F National Bank Account (Account Number: G) used by the Defendant, and received KRW 21 million in total from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the suspect against the defendant (including the list No. 13 and the whole part of the evidence);
1. Statement made by the police for E;
1. Account transaction details and a certificate of borrowing;
1. Records of the judgment: References to inquiries, such as criminal history, investigation reports (No. 4 and 7 No. 5 of the evidence list), and application of the text of the judgment;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
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. Determination of a fine by taking into account the following circumstances: (a) the victim of the reason for sentencing under Article 334(1) of the Criminal Procedure Act agreed with the defendant and does not want the punishment; and (b) the equity between the case and the case at the same time when the judgment in the judgment in the judgment became final and conclusive is to be taken into account; and (c) the records and trial of this case, including the defendant’s age, sexual behavior, occupation, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, are revealed.