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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
On July 20, 2013, the Defendant stated that “In the vicinity of the D Hospital located in Nam-gu Incheon Metropolitan City, the victim E was able to take over the D Hospital immediately after the closure of the F Hospital’s office, and the inside of the Republic of Korea changed KRW 15 million to reduce the right to operate the cafeteria.”
However, in fact, the Defendant had no workplace from March 2013 and had only a debt without any special property. By August 5, 2013, the Defendant could have the right to manage the said hospital to invest KRW 130 million out of KRW 300 million to the said hospital, but no investment was made until then and no authority was granted to the said hospital. Therefore, even if the Defendant received money from the injured party, the Defendant did not have any intent or ability to grant the right to operate the restaurant within the said hospital.
On August 28, 2013, the Defendant: (a) by deceiving the victim; and (b) received KRW 15 million from the victim to the Agricultural Cooperative Account under the name of the Defendant; and (c) received money under the name of the deposit money for operating the restaurant in the premises of the said D Hospital.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and G;
1. Details of transactions;
1. Application of Acts and subordinate statutes to a contract;
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;