beta
Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
At around 21:00 on September 28, 2014, the Defendant stated that “The Defendant would make an investment in the entertainment room in which the ship is in operation,” to the victim C, “The Defendant would pay 10,000 won interest per day on the money deposited in the entertainment room if the ship is short of funds.”
However, the defendant did not have been released from prisons for two months, and even if he borrowed money from the victim without a certain occupation, he did not intend to use it as living expenses, but did not have any intent or ability to pay the money to the entertainment room or to pay the money to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 8 million from the victim to the Agricultural Cooperative (D) account in the name of the Defendant around September 29, 2014, under the pretext of loans for investment in entertainment facilities.
On October 9, 2014, the Defendant continued to make a false statement to the victim at a restaurant in which it is impossible to know the trade name in the Gyeong-dong, Gwangju, which reads that “I will make more investments in the entertainment room,” and that “I will complete full payment of all interest and principal including money borrowed prior to the loan, if I lend 20 million won,” and that I received 6.5 million won from the victim’s account in the name of the Defendant to the said account in the name of the Defendant around October 9, 2014.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court (as at the second date for pleading);
1. Statement made to C by the police statement;
1. Application of Acts and subordinate statutes on the transactions of entry and departure;
1. Relevant Article 347 (1) of the Criminal Act concerning the crime, the choice of a fine (including the fact that only the victim has agreed with the victim, the amount acquired by deceit, etc.);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;