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1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 10,000 won.
Reasons
Punishment of the crime
1. On February 2, 2007, the Defendant made a false statement to the “Diplomatic Association” located in Seongbuk-gu Sungnam-si, Sungnam-si, 2007, stating that the seizure is soon made to the church that is currently in the current name due to the failure to pay the tax for the business that he had been engaged in before and after the victim E. As such, only 3,600,000 won may be loaned. Accordingly, the Defendant would resolve the tax problem and pay the tax including the interest after the two months
However, there was no intention or ability to pay money to the defendant even if he borrowed money from the defendant because the defendant was in the process of personal rehabilitation at the time and was not certain.
On March 3, 2007, the Defendant, by deceiving the victim as above, obtained 3.6 million won in cash from the victim at the above place.
2. From the end of July 2008, the Defendant made a false statement to the victim stating, “I will pay interest and principal after the two months, because there is an urgent need to pay money to the school.”
However, there was no intention or ability to pay money to the defendant even if he borrowed money from the defendant because the defendant was under personal rehabilitation at this time and is not certain to receive money.
On August 8, 2008, the Defendant, by deceiving the victim as above, received five million won from the victim to the account of community credit cooperatives (Account Number:G) in the name of F of the Defendant on August 8, 2008.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement of H;
3. A statement of insurance contract lending transactions.
4. Application of Acts and subordinate statutes on deposits without passbook;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.