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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On December 10, 2009, the Defendant made a false statement to the victim C (Seoul, 53 years of age) on the mutual influence in Bupyeong-gu, Incheon, Seocheon-gu, Incheon, stating that “The Defendant would proceed with the construction of gas stations in Incheon-dong D. The Defendant borrowed money to reduce the subcontract for the construction of a retaining wall of the construction.”
However, even if the money was borrowed, there was no intention or ability to execute the subcontracted work for the victim.
As such, the Defendant, as indicated in the list of crimes (1), was given four times until December 2009, by deceiving the victim and immediately receiving KRW 3 million from the victim as the borrowed money.
2. On May 8, 2014, at an office located in Yangcheon-gu Seoul Metropolitan Government E, the Defendant made a false statement to the victim C, stating, “The Defendant borrowed a retaining wall construction in the Seo-gu, Seocheon-gu, Seocheon-gu, Seoul to lend money to the victim C to reduce the subcontract. When the construction is completed, all of the borrowed money will be repaid in 2009.”
However, the facts did not have the intention or ability to repay even if they borrowed money.
As such, the Defendant, as indicated in the List of Offenses (2), was given five times until July 29, 2014, a total of KRW 4,350,000,000 to the victim, by deceiving the victim and immediately receiving KRW 2,700,00 from the victim as the borrowed money.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Application of Acts and subordinate statutes on transactions of passbooks;
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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.