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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On July 20, 2012, the Defendant made a false statement that “If the construction cost in relation to the deliberation and construction work in the company in Gangwon-do, which is in progress at the company, is KRW 1 million, the Defendant would immediately repay it to the victim B (n, 41 years of age) at the Young-gu Enterprise Bank in Busan Special Metropolitan City, Busan Special Metropolitan City.”
However, the defendant did not have the intent or ability to repay even if he borrowed the above money.
As such, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim as a price for construction materials in the same place.
2. On August 2012, the Defendant made a false statement with the victim’s vehicle parked on the front of the new bank located in the front of the Jinsan-gu Gyeongwon-dong, Gyeongwon-dong, the Defendant: “In order to perform the construction work, the Defendant deposited KRW 200 million in the head of the Tong to deposit KRW 200,000,000,000,000 won, which shows the head of the passbook marked with KRW 167 million, to lend KRW 2,000,000 to the Defendant.”
However, the defendant did not have the intent or ability to repay even if he borrowed the above money.
As such, the Defendant, by deceiving the victim as such, received two million won from the victim in the same place and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. A complaint;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;