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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 12, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court, and on April 20, 2015, the said judgment became final and conclusive.
1. On August 11, 2014, the Defendant made a false statement to the victim D on August 11, 2014, stating that “If the Defendant lends KRW 100,000 to the home, she will go to go to the only farm after 2 days after leaving the house.”
However, even if the defendant borrowed money, he did not have the intention or ability to repay it.
Nevertheless, as above, deceiving the victim as above and being delivered KRW 100,000 to that place.
2. On August 12, 2014, the Defendant made a false statement to the victim D using “F” at the Defendant’s home located in Incheon Strengthening Military E, and called “I will take delivery of KRW 500,000 to go to the hospital because there is no amount of KRW 500,000,000,000 for the reason that I would go to the hospital.”
However, even if the defendant borrowed money, he did not have the intention or ability to repay it.
Nevertheless, as above, 500,000 won was remitted from the victim to the account under the name of the defendant.
Accordingly, the defendant acquired 600,000 won through 2 times.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Before judgment: Application of the previous records of disposition, report on results of confirmation, and investigation report (verification of the same type of power and latter concurrent records) Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.