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Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On November 20, 2008, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Gwangju District Court of Gwangju on November 20, 2008, and the above judgment was finalized on November 28, 2008, and on May 13, 2010, the Seoul Northern District Court sentenced four months of imprisonment for fraud at the Seoul Northern District Court, and the above judgment became final and conclusive on May 24, 2010.
On October 18, 2006, at the D office located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant made a false statement to the victim E that “I will offer two bonds by borrowing money in addition to KRW 30,000,000,000, which was borrowed from the Haking, and additionally borrowed money.”
However, the facts are not only that the defendant does not have any particular property or income at the time, but also that he/she will offer as security, G, which is the defendant's seat, cannot offer as security, so even if he/she borrows money from the defendant, he/she did not have any intention or ability to pay it.
As above, the Defendant, by deceiving the victim as above, obtained KRW 36.5 million on the same day from the victim and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. E’s statement among the suspect interrogation protocol of the defendant against the prosecutor
1. Statement to E by the police;
1. Copy of a contract for sale in lots or a receipt of loan;
1. Previous convictions in judgment: References to criminal records, and application of each investigation report (a summary order and attachment of judgment) shall be made;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order includes the amount of money in this case where the defendant is under repeated crime due to the same type of fraud, and the defendant has multiple criminal records in addition to this case, and the defendant includes the amount in this case from the victim.