Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In fact, the Defendant was not a general manager of the business of B, and was not planned to use the business fund due to the absence of any ongoing business, and even if he borrowed money from the victim C, he did not have any intent or ability to complete the payment.
Nevertheless, on June 27, 2013, the Defendant, by deceiving the victim to the effect that “a company will lend money due to a shortage of company business funds to the victim”, was transferred from the victim, namely, KRW 6 million from the victim’s seat, and KRW 1 million on July 3, 2013, KRW 100,000 on July 8, 2013, and KRW 300,000 on July 13, 2013, respectively.
Accordingly, the defendant, by deceiving the victim, obtained a total of 8.3 million won from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness D (prestigious: C);
1. A protocol of examination of part of the defendant by prosecution;
1. (States) Application of Acts and subordinate statutes of response, investigation report (B response result) toB;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;