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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
The defendant is an employee of 'B' of a hospital computer program monitoring company.
On October 27, 2014, the Defendant paid off the victim E who works as a radiation cable in the D Jeong-gu Seoul Metropolitan Government’s building from the D Jeong-type and the members of the Council around October 27, 2014 with the amount of money being less than three million won as the amount is less than three million won to install the Gap-type server at the hospital located in the Docheon-dong, thereby being added three million won to the drinking value.
‘A false statement' was made.
However, the defendant was thought to use the money received from the injured party as debt repayment and entertainment funds, and even if he borrowed money from the injured party, he did not have the intention or ability to pay the money.
The Defendant was transferred 3 million won to the Saemaul Treasury account in the name of F on the same day by the mother of the Defendant from damage.
On the same day, the defendant continued to pay to the victim KRW 6,30,000 if he/she loans KRW 2,700,000 as he/she has to install the three additional Nowon-gu unit.
“A false statement,” which received KRW 2,700,000 from the injured party to the account in the said F name, and received KRW 5,700,000 in total from the said injured party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to police statement protocol (including financial transaction details and loan certificates) to E;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;