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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
On August 20, 2014, the Defendant was sentenced to eight months of imprisonment and four months of imprisonment at the Changwon District Court for fraud, etc., and the said judgment became final and conclusive on October 17, 2014.
On October 20, 2012, the Defendant made a false statement to the victim E at the D office located in the window C of Changwon-si, stating that “I will return money in the amount of face value, regardless of whether you recover within two months, if I will return the bill, with the auditor’s indication.”
However, there was no construction amount at all at the time, and even if a promissory note was lent from the victim and used at a discount, it was extremely uncertain that the said promissory note could be repaid within two months, and it was also planned to use the money received at a discount from the victim for personal purposes and expenses for another construction site. Such circumstances were concealed by the victim.
The Defendant, as above, by deceiving the victim, obtained a promissory note with a face value of KRW 58 million from the victim on the same day, and obtained a promissory note with a face value of KRW 58 million from the issuance, and a promissory note with a face value of KRW 83 million from the issuance on October 22, 2012.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Legal statement of witness E;
1. Investigation report (informating a written judgment and a copy of a summary order);
1. Previous convictions in judgment: Application of the Acts and subordinate statutes which report the previous disposition and the result thereof;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are that the defendant, after instituting a prosecution, has agreed with the victim smoothly, and that substantial damage has occurred to the victim.