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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
1. On September 2013, 2013, the Defendant made a false statement to the victim E at the office of the second floor D company of the building in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, stating, “The Defendant would receive a loan as security of 106 units of the F apartment 106 units of the F apartment 106 units of the construction cost, or receive a lease deposit from the F apartment 106 units of the F apartment 106 units of the construction cost,” from the victim E at the office of the second floor D company of the building in the Nam-gu, Incheon.
However, the defendant did not have the intent or ability to pay the construction cost even if the victim completed the construction work.
Accordingly, the Defendant, as seen above, took property benefits equivalent to the same amount by deceiving the victim and not paying KRW 7,756,000 from the victim.
2. On October 15, 2013, at the place indicated in paragraph (1) of October 15, 2013, the Defendant made a false statement to the victim E, stating, “The Defendant would receive a loan of 106 units of F apartment as security or repay the loan of 106 units of F apartment with the lease of 106 units of F apartment at the age of 10,000,000 won as the need for the transfer of the registration of 106 units of Incheon-gu F apartment at the expense of KRW 5,00,000,000,000,000 won.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
Accordingly, the defendant deceivings the victim as above and acquired 5 million won from the victim in cash.
Summary of Evidence
1. Each legal statement of witness E and G;
1. The second police interrogation protocol which contains some statements about the accused;
1. Application of the Acts and subordinate statutes to investigation reports;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice 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 former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;