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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Around April 16, 2016, the Defendant made a false statement to the effect that “The Defendant would purchase four Obanes, among those who are mixed with no food repair capacity in 2012 from May 26, 2015, until May 2015, 2015, the victim D operated by the victim D in Daegu-gu, Daegu-gu.”
However, the defendant did not have four above Oral Ba, and there was no expense necessary for the purchase of Oral Ba, so even if he received the payment from the injured party, he did not have the intent or ability to purchase Oral Ba as agreed by the injured party.
Nevertheless, the Defendant received 3 million won in cash in the name of the down payment to be purchased at Otop from the injured party, in other words, and 3 million won in the same place as around the 26th day of the same month, respectively.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes (D);
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. 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;