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
On November 13, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daejeon District Court, and the said judgment became final and conclusive on February 12, 2015.
The Defendant, at around April 30, 201, at “Aposled fish,” the Defendant’s operation of the Defendant, which is located in Seosan-si, Seosan-si, provided that “The Defendant has to pay off the amount of KRW 2 million,00,000,000 to the victim D, as the funds are insufficient to clarify the business at this time.”
“.......”
However, in fact, the Defendant had no particular property at the time, and had a financial institution and its branch bear a debt worth worth of KRW 00 million, and from around 2009, since the so-called personal rehabilitation procedure was in progress, there was no intention or ability to repay the debt even if the Defendant borrowed money from the injured party.
Nevertheless, the Defendant, by deceiving the victim, received KRW 1,940,000,000, excluding the prior interest and KRW 60,000,00 from the victim as the borrowed money on the same day, from the victim, to the account (F) in the name of the Defendant E, the Defendant, as stated in the list of crimes in the attached Table from September 14, 201 to September 14, 201, by deceiving the victim four times in total, and received KRW 35,500,000 from the victim as the borrowed money.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement on witness D, G, H and I;
1. A criminal investigation report (in case of reference witnesses J telephone investigation) and an investigation report (in case of attaching documents submitted to K);
1. Court rulings;
1. Personal rehabilitation decision;
1. Previous convictions in judgment: Investigation reports (Attachment of criminal suspects' previous convictions, written judgments, etc.), inquiry results, such as criminal history, and application of statutes;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The amount of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act at the latest following the reasons for the provisional payment order.