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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
On February 28, 2017, the Defendant shall issue to the complainant D at the C coffee shop in approximately 22:00 on February 28, 2017 “The Defendant shall lend to others KRW 130,000,000,000 to them.”
The interest of KRW 250,000 may be borrowed again for the business, so it is false that 2.5 million won will be lent for the business. It is false that 2.5 million won will be repaid immediately after one hour.
However, the defendant did not have any intention or ability to repay.
The defendant acquired the total amount of KRW 2,500,000 from the complainant to the Agricultural Livestock Cooperative account E in his name, and KRW 1,500,000 in cash.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. F's confirmation of fact; 1. Application of Acts and subordinate statutes of account transfer details;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
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;