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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 July 2014, the Defendant, at the home of the victim D, located in the Seocho-si, Seocho-si, the Defendant, “The Defendant was making a great entertainment store in the vicinity of the Jin-si Port, but now temporarily closed down the business due to the money shortage, and the Defendant, at the time of loaning KRW 10 million, will pay the victim within two months.
“The purpose of “ was to make a false statement.”
However, the Defendant did not have the intention or ability to operate a entertainment center again, which was virtually discontinued, and it was extremely difficult for the Defendant to pay the debt without any particular income or property at the time to account for a total amount of KRW 80 million. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to pay the debt.
As such, the Defendant, by deceiving the victim as such, obtained KRW 5,00,000 on July 11, 2014 from the victim, for the purpose of borrowing money, KRW 3,000,00 on the 15th of the same month, KRW 3,000,00 on the 24th of the same month, KRW 31.2,00,000 on the 31th of the same month, KRW 1,000 on August 11, 2014, KRW 50,000 on the 13th of the same month, KRW 850,000 on the 14th of the same month, and acquired KRW 1,00,000 on the 31st of the same month, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A complaint;
1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and departure;
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. 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;