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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On September 2, 2011, the Defendant made a call to the Victim Benland Co., Ltd. on August 30, 2011, saying, “on the face of sending one Anal Marinite, the Defendant would pay KRW 69,300 for the monthly siren between 39 months.”
However, the defendant did not have any intention or ability to pay the rental fee agreed in advance even if he was aware of the victim.
Nevertheless, on September 2, 201, the Defendant, as seen above, was issued to the injured party a horse with approximately KRW 2,700,000 of the market price in North-gu B Studio 206 at Port-si, North Korea on September 2, 201.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. On September 7, 2011, the fraud Defendant called “on September 2, 2011, the victim Pafland,” and called “on September 2, 201, the Defendant would pay KRW 69,300 per month sirens between 39 months and 39 months.”
However, the defendant did not have any intention or ability to pay the rental fee agreed in advance even if he was aware of the victim.
Nevertheless, on September 7, 201, the Defendant, as seen above, was issued to the injured party a horse with approximately KRW 2,700,000 of the market price in North-gu B Studio 203 at Port-si, North-gu, Pohang-si on September 7, 201.
Accordingly, the defendant was given property from the victim by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of the provisions of the Acts and subordinate statutes governing a siren agreement and a written confirmation for installation;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;