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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 17, 2009, the Defendant was sentenced to imprisonment with prison labor and two months at the Jeonju District Court for fraud, etc., and on July 25, 2009, the said judgment became final and conclusive.
The Defendant, around August 1, 2007, at the Defendant’s office located in Dongjak-gu Seoul Metropolitan Government, provided that “The Defendant would lend money to the victim D within one week because he/she has no rent.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
In the end, the Defendant received 2.5 million won from the victim as the borrowed money.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of suspect of the accused (No. 2, No. 56 of the investigation records);
1. Legal statement of witness D;
1. Part of the statement made by D in the protocol of the police statement made by D, and the protocol of the police interrogation of the accused (No. 13 of the investigation record);
1. Cash custody certificate;
1. Previous convictions as stated in the judgment: Criminal records, etc. inquiry reports, previous state court records (No. 116 pages of investigation records), previous state court records (No. 116 pages of investigation records), previous state court records, 2008No1529, 2009No504 (Joint) (No. 120 pages of investigation records), case summary agreement assistant council (No. 2009 type No. 1563-1 of Eup/Myeon Office), court records (No. 2009 type No. 1563-4 of Eup/Myeon Office), application of statutes;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;