Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On February 7, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act in the Chuncheon District Court's original state branch, etc., and the said judgment became final and conclusive on September 12, 2017.

The Defendant had to pay the amount of KRW 1.5 million to the victim C, who was confined as the Defendant, at Anyang Prison No. 42, a 508,00,000 as the Simyang-si, on July 20, 2016, as the Simyang-si, the Defendant had not been kept until now.

1.50,000 won is loaned to the 1.5 million won, it is called that the person will receive the custody money from the son before the discharge, and he will complete the payment immediately after the discharge.

However, as of July 19, 2016, the Defendant had a balance of approximately KRW 7.80,000,000 remains. On July 20, 2016, the Defendant had a custody amount of KRW 9.80,000,00,000,000, which was paid in addition to the deposit on July 20, 2016, but the Defendant did not have any intent or ability to repay the amount to the victim even if he/she borrowed money to the victim

The Defendant received delivery of KRW 700,000,000 from the injured party on July 26, 2016, and KRW 80,000 on July 27, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Response to a request for cooperation in investigation - The ledger of money kept in custody (23 pages of investigation records);

1. Application of Acts and subordinate statutes for factual cooperation and replies;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel had the intent and ability to repay at the time.

The argument is asserted.

However, the following circumstances acknowledged by each of the above evidence, i.e., lending money to the victim as stated in the facts constituting a crime, and there was approximately KRW 9.80,00 in the Defendant’s custody account, and at the time, the Defendant was kept in custody before maturity.