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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, while running a corporation C, at the construction site of the Daegu-gu apartment apartment site around March 2012, the Defendant instructed F, the head of the working group of the said construction, to lease the “Scar” necessary for the said crowdfunding work while carrying out crowdfunding work.
Accordingly, the employee F, who was well aware of the debt status, etc. of the said C Co., Ltd., discussed to the effect that “Scar would pay all rents as it ends when Scar leased two vehicles to the victim G by telephone at a non-place around that time.”
However, in fact, since from the end of 2011, the Defendant was unable to repay the bills due to the difficult collection of claims against a third party, even if the construction company received the payment of the construction price in full from the said E, the Defendant did not have the intent or ability to pay the vehicle rent to the victim.
As can be seen, the Defendant: (a) caused the said F to deception the victim; (b) received two vehicles from the victim on April 3, 2012; and (c) used them until April 30, 2012, the Defendant did not pay rent of KRW 5,775,000.
Summary of Evidence
1. Legal statement of witness F in the third protocol of the trial;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement related H;
1. C (State) Application of Acts and subordinate statutes on details of banking transactions;
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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the F is liable to pay rent, and even if not, the Defendant had the intent or ability to pay rent at the time of leasing equipment from the victim.
According to the evidence, such as ambry, F's legal statement, it is sufficiently recognized that the defendant is responsible for paying the rent, and at the time the defendant is the defendant.