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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On January 10, 2017, the Defendant made the victim D’s mobile phone text message “A pharmacy” to purchase KRW 80,000 in a low amount of KRW 150,00,00 by means of a mobile phone text message.
However, there was no intention or ability to send the above things to the victim even if the Defendant did not have “Aro or Brod,” and was thought to use them as living expenses, etc. upon receiving the price from the injured party, so even if he received money from the injured party.
Nevertheless, the defendant deceivings the victim as above and received 80,000 won from the victim's account under the name of the defendant on the same day.
2. On January 20, 2017, the Defendant made a false statement to the victim D on the G convenience store located in the Republic of Korea F in the south Sinpo City, with the cell phone text message “as sold in KRW 20,000 with the fact that 1 gambling 8,000 won was 20,000.”
However, the facts are that the Defendant did not have “Iluluce” and did not have the intent to send the above things to the victim even if he did not receive money from the injured party because he thought that I would use them as living expenses by receiving the price of goods from the injured party.
Nevertheless, the defendant deceivings the victim as above and received 100,000 won from the victim's account under the name of the defendant on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a complaint and a detailed statement of transfer to accounts;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;