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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal history] The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Busan District Court on January 19, 2017 and the judgment of around January 27, 2017 became final and conclusive.
[2] On January 1, 2015, the Defendant: (a) attempted to organize a number system consisting of 20 million won in 10,000 won in 10,000 won in 20,000 won in 20,000 won in 200,000 won in each month; and (b) made a false statement to the victim C in the order of correspondence.
However, in fact, the defendant was unable to pay the fraternity amounting to KRW 100 million at the time when the defendant was operated as a fraternity, and the defendant was unable to pay the fraternity amounting to KRW 100 million, and was prevented from returning the card loan or lending money from another person for repayment of the debt, and thus, there was no intention or ability to pay the fraternity even if he received the payment from the injured person every month.
On January 15, 2015, the Defendant received KRW 500,000 from the damaged party’s account (D) around January 15, 2015 and received KRW 500,000,000 in total over eight times each month from August 12, 2015.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement made by the police against C;
1. Previous convictions in the judgment: The text of the judgment (the Busan District Court 2016No. 4319) applies to statutes;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of a selective fine for punishment (including the reflection of the punishment, the agreement that the injured party does not want the punishment of the accused);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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;