beta
Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 20, 2016, the Defendant would give the Victim C with the “Seongsung-si D 2,114 Preamble and Preamble work until December 30, 2016.”
On the other hand, the installation cost to be used for the progress of work and the purchase of soil and sand will be fully paid up to December 30, 2016 without a molding.
“A false statement” was made.
However, even if the Defendant received money from the injured party in the absence of any particular property or income after being recorded as the bad credit standing in around 1999, it was thought that it would be used as personal living expenses, debt repayment, etc., and there was no intention or ability to complete the above work until December 30, 2016.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a cash of one million won in the name of the same day from the victim; (c) received a transfer of KRW 2 million in the same name to the Defendant E account (F) around April 25, 2016; and (d) received a remittance of KRW 2 million in the same name to the same account around April 29, 2016.
Summary of Evidence
1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);
1. Statement made by the police against C;
1. Investigation report (including the submission of data on one million won withdrawal - the detailed statement of deposit transactions attached -), investigation report (including the execution result of a warrant of seizure - a certificate (F), etc. by the member account attached);
1. Application of Acts and subordinate statutes to the head of a complaint (including a detailed statement of deposit transactions attached thereto and a written statement);
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
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;