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A defendant shall be punished by a fine of 10 million won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.
Reasons
Punishment of the crime
At around 13:59 on March 27, 2009, the Defendant made a false statement to the victim D’s “C Company” office located in Won-si B, Seoul, stating that “A company shall use frying and frying frying up to KRW 200 million, and shall be repaid within KRW 200 million.”
However, even if the defendant received money from the victim, he/she tried to use the borrowed 200 million won in repayment to E. At the time, the defendant did not have the intention or ability to repay 200 million won borrowed from the victim because he/she has the obligation to pay additional 150 million won to E.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the Agricultural Cooperative (G) account in the name of F on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Police officers and prosecutor's protocol of statement concerning D;
1. Each police statement made to H, E, and I;
1. Application of Acts and subordinate statutes concerning investigation reports and criminal records;
1. Article 347 (1) of the Criminal Act applicable to the crime;
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;