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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant, who uses the name of B, did not have any intention or ability to provide the corresponding scrap metal to others even if he/she borrowed money from others because he/she did not receive any order for removal of a factory, building, etc.
1. Nevertheless, around May 22, 2013, the Defendant found the “E company” for the victim’s operation in Yangsan-si C, and concluded a false statement to the effect that “If the victim was in charge of the removal of Ulsan-si factory, but the purchase cost of the cut-out shop is not sufficient, the Defendant would provide scrap metal at the above removal site if it was leased KRW 500,000,000 to the victim.”
The Defendant, by deceiving the victim as above, received 100,000 won in cash from the victim’s place of business to receive 3,90,000 won in the name of F.
2. On June 10, 2013, the Defendant made a false statement to the effect that “If the Defendant was in charge of the removal of the building located in the city of e.g., North Korea, but the removal cost was not sufficient, 1.5 million won would be provided, the Defendant would provide scrap metal at the removal site equivalent to the sum of the previously received money of KRW 4.90,000,000.”
The Defendant, by deceiving the victim as such, received KRW 1.5 million from the victim to the account in the name of F.
Accordingly, the defendant obtained a total of KRW 1.99 million from the victim and acquired it by fraud.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. A certificate proving the details of transactions of entering and withdrawing money;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;