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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. The criminal defendant against the victim B is a person engaged in electrical construction business.
On May 16, 2016, the Defendant made a false statement that “D” operated by the victim B in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, would allow the victim to pre-paid the cost of electric extension works.
However, even if the contract price is paid by the injured party, there was no intention or ability to do electrical construction due to the plan to pay the monthly rent and use it for living expenses, etc.
The Defendant had received KRW 200,000,000 from the victim by deceiving the victim as above, and transferred from the victim to the Suhyup account under the name of the Defendant on the same day, and received KRW 395,000 in total as the payment for construction work, such as receiving KRW 395,00 in the same way as around May 18, 2016.
2. On May 26, 2016, the Defendant made a false statement to the victim E that “The victim would pre-paid the cost of electric extension works to the victim” in the “G cafeteria operated by the victim E in Yeonsu-gu Incheon Metropolitan City F.”
However, in fact, there was no intention or ability to conduct electrical construction for the same reason as the above "1."
The defendant deceivings the victim as above and received 600,000 won as the payment for the same day from the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes of a written confirmation (written evidence 2/6 pages);
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.