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Defendant shall be punished by a fine of KRW 15 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 9, 2014, when the Defendant borrowed money from a new bank in the name of a new bank, the Defendant would not have any damage to the Defendant’s principal and interest when paying the principal and interest.
“A false representation was made.”
However, in fact, the Defendant began to be bound from the beginning of 2012, and from the beginning of 2014, the Defendant bears a total of KRW 17,000,000 of financial rights and bonds as of September 2014, with face-to-face face-to-face with his/her hand on sports competitions and other gamblings. On the other hand, the Defendant was in a sudden situation to prevent the repayment of the interest on the previous obligation, and even if he/she was paid the loan from the victim, he/she did not have any specific plan, intent, and ability to pay the previous obligation even if he/she did not receive the loan from the victim.
Accordingly, the Defendant, by deceiving the victim as above, had the victim obtain a credit loan equivalent to KRW 15 million from the new bank on the same day, and had the victim obtain a loan from the victim.
From that time to May 26, 2016, the Defendant received a total of KRW 60 million from the injured party on five occasions, as set forth in [Attachment Table Nos. 1 to 5], and acquired property benefits equivalent to KRW 18 million, as set forth in paragraph 6.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Complaint;
1. Certificates of debts and the sources for proving debts (paragraphs 4, 6, 7, and 8 of the evidence list);
1. A detailed statement of transaction in the credit union account under the victim's name (Evidence No. 5), and a detailed statement of transaction in the Jeju bank account under the victim's name (Evidence No. 9);
1. Application of Acts and subordinate statutes to investigation reports (NICE and results of response to evaluation information);
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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.