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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
[Criminal Power] On April 27, 2018, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daejeon District Court on July 3, 2018, and the said judgment became final and conclusive on July 3, 2018.
【Criminal Facts】
1. Around October 31, 2017, the fraud Defendant stated that “A” means, “C, in order to operate the victim D’s luminous enterprise, “E”, and “C”, that there is no money to look at a compliance frame, and that, if only KRW 2 million is lent, the Defendant will repay up to December 30, 2017.”
However, the defendant did not have the intention or ability to operate the automobile luminous company, and there was no intention or ability to pay 2 million won due to no particular property or income.
As such, the Defendant, by deceiving the victim, received 1.8 million won from the victim to the G bank account (H) in the name of F from the victim.
2. On October 27, 2017, at around 16:35, the suspect illegally uses convenience facilities: (a) driven an I set-type car in the superior position of the former Esyptian-gun; (b) used a fee automatic equipment installed therein to pass the expressway free of charge; and (c) thereafter, from that time, passed the expressway 24 times in total by the same method as indicated in the list of crimes in attached Form 19:38, Dec. 19, 2017.
Accordingly, the defendant did not pay the price by illegal means, and acquired a total of 282,90 won of property benefits using pay automatic equipment.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement made to D by the police;
1. Response to a request for financial transaction information;
1. Unpaid details, unpaid details, and photographs;
1. Previouss before ruling: Criminal records, replys to criminal records, and the application of Acts and subordinate statutes to the agreement of cases;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 of the Criminal Act, Article 348-2 of the Criminal Act, and the choice of fines, respectively;
1. To treat concurrent crimes;