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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 23, 2018, the Defendant stated that “The Defendant would pay KRW 200,000 to the Cheongdon Station located in the Seo-gu Incheon Metropolitan City, Busan Metropolitan City, No. 5, an urban railroad No. 1, which is located in the Seocho-gu, Busan Metropolitan City, to the victim B, a substitute driver, for the expenses of the substitute driving on board to the Cheongdon Station located in the Seo-gu, Incheon Metropolitan City, and later transfer the money along with the substitute driving at the destination, if the Defendant would pay the substitute driving on behalf of the Cheongdon Station to the Cheongdon Station
However, the defendant did not have the intent or ability to pay the victim's substitute driving expenses, travel expenses, oil supply expenses, etc. because he did not have any means of payment such as cash or credit card in his possession.
On March 24, 2019, the following day, the Defendant, by deceiving the victim as above, had the victim pay the toll of KRW 1,900 on the same day, and had the victim pay KRW 20,000,000, and had the victim drive the said vehicle to the C Hospital located in Ischeon-si, and did not pay KRW 20,000,000, and acquired property benefits equivalent to KRW 221,90,000.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of each police statement concerning B;
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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.