Text
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. From around April 25, 2009, the Defendant is difficult to find out the circumstances such as avoiding the refund of credit cards from around 2008, and even if he/she did not borrow money from the victim C because of the lack of property owned, he/she did not have the intent or ability to repay the money at the time, but he/she shall complete the construction of high-class houses in Gyeonggi-do, while he/she took place as if he/she had a large amount of assets studying the United States. If he/she borrowed KRW 50 million from the victim, he/she would sell it in lots and take it out in two months, and he/she shall receive KRW 70 million from the victim and shall receive KRW 50 million from the victim for the same month.
2. On August 2009, the Defendant: (a) made payment to the victim of materials in connection with the construction of Gyeyang-gu Housing; (b) made a false statement that “A person shall make payment with KRW 50 million prior to the loan of KRW 3 million to the victim; and (c) obtained money from the victim, i.e., remittance of KRW 3 million from the victim’s seat.”
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Witnesses D and E respective legal statements;
1. The description of each part of the protocol concerning the examination of the accused by the prosecution (including the part concerning the statement toC);
1. Statement of the police statement regarding C;
1. Investigation report (report on DNA telephone recording);
1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports ( repeated offense, details of disposition of suspects A case, and reporting accompanying rulings);
1. Relevant Article 347 (1) of the Criminal Act and Selection of Punishments for Crimes. Article 347 (1) of the Criminal Act (Selection of Punishment of Fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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;