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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On May 22, 2013, the Defendant made a false statement to the victim C by telephone, stating that “A victim C shall have difficulty in living. 5 million won of monthly rent deposit, which she lives in Korea, may be used as cost of living, such as sludge, around November 2013.”
However, there was no intention or ability to pay the money even if the money is borrowed.
As such, the Defendant belonged to the victim and was transferred KRW 4,50,000 to the Agricultural Cooperative Account under the name of the Defendant, the Defendant, in May 22, 2013.
2. On October 31, 2013, the Defendant made a false statement to the victim, such as the above paragraph, stating that “it is difficult to live in the country.” The Defendant borrowed money to the victim, such as the foregoing, “I will receive money, because I would like to receive money, because I would like to pay KRW 10 million.”
However, even if the money was received, there was no intention or ability to pay the borrowed money.
Around November 1, 2013, the Defendant was transferred KRW 3 million to the Agricultural Cooperative Account under the above Defendant’s name.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes on the Stockholm screen pictures, photographs, account statement;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;
1. Article 186 (1) of the Criminal Procedure Act;