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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Even if the defendant borrows money from the victim B or purchases cosmetics on credit as a recipient of basic living security without a certain occupation, he/she did not have any intention or ability to pay such money.
Nevertheless, the Defendant committed the following crimes.
1. On October 11, 2013, the Defendant made a false statement that “If the Defendant borrowed 300,000 won as he/she has paid money to the victim, he/she would have repaid money without paying it up to the 25th day of the same month.”
As such, the Defendant, by deceiving the victim, received 300,000 won in cash from the victim’s position.
2. On October 17, 2013, the Defendant made a false statement at the place indicated in the foregoing paragraph 1, stating that “The Defendant would first lend money to the victim, if he/she lends money to the victim any more than KRW 100,000,000,000,000.”
The Defendant, as such, by deceiving the victim, received 100,000 won in cash from the victim’s position.
3. On October 21, 2013, the Defendant made a false statement to the effect that “The Defendant would first lend KRW 100,000 to the victim any more than KRW 400,000,00,000 to the Defendant’s residence located in the Dong-gu Busan Metropolitan City, and would do so without a mold as stated above.”
The Defendant, as such, by deceiving the victim, received 100,000 won in cash from the victim’s position.
4. On November 2, 2013, the Defendant would offer cosmetics to the victim at the places indicated in the above paragraph 3, and on the victim’s face, the Defendant would borrow money in the same manner as borrowed money.
The term "the expression was false."
The Defendant, as such, by deceiving the victim, received two cosmetics equivalent to the total market value of KRW 320,000,000 from the victim, such as a self-cream.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol protocol law to B
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Criminal Act for the detention of a workhouse;