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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
[Criminal Justice] On June 20, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daegu District Court on June 20, 2013, and the judgment became final and conclusive on June 28, 2013.
[2014 high-level 331] On 14:00 on 09. 14:00, the Defendant made a false statement to D (n, 47 years of age) a complainant as an employee on the face of 4.6 million won in advance payment to D (n, n, n, n).
However, there was no intention or ability to perform work even after receiving a prepaid payment.
In this regard, 4.6 million won was issued by the complainant with the agricultural bank passbook in the name of the defendant.
[2014 high-level 332] Around October 29, 2012, the Defendant conspiredd to acquire the prepaid money by means of so-called “patching” method, which is a method to escape after receiving the prepaid money from the owner of a business without the intent to work in the multi-face while moving a vehicle to the “Hda” operated by the victim G on board a car in the Blust area not exceeding Daegu.
On October 30, 2012, the Defendant stated that the Defendant would work as an employee in the Hda room operated by the said victim, which was operated by the said victim, from around the day to day, 4.5 million won in advance to day from the day to day from the day to day from the day to day from the day to day, and the said F was the wind by introducing the Defendant as if the Defendant would work as a multilateral employee.
In collusion with the above F, the Defendant, by deceiving the victim as such, received 3,50,000 won from the victim to the account in the name of F, and 4,150,000 won in total, from the victim to the account in the name of F in the city.
Summary of Evidence
1. Previous convictions in judgment: A report on the results of confirmation of the previous judgment and the previous disposition [2014 High Court Decision 331];
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Copy of the passbook of the complainant D.C. (2014 high-level 332);
1. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes to the police statement concerning G;
1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, the selection of a fine for a crime, and the choice of a fine;
1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes