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Defendant shall be punished by a fine not exceeding one million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
On July 27, 2016, the Defendant was unable to pay the credit card payment to the victim B, and there is only a victim who will do so.
On August 2016, 2016, a false statement was made to the effect that a person would repay by August 2016.
In fact, the Defendant was a person with bad credit standing at the time, and the national tax was delinquent, and the Defendant was unable to pay the price to the customer of the company operated by the Defendant at the time, so there was no intention or ability to pay the said price even if he borrowed the said money from the victim.
The defendant deceivings the victim as above and was issued one million won to the corporate bank account (Account Number: C) designated by the defendant on the same day from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness B;
1. Some statements made against the defendant during the police interrogation protocol;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act for the crime, the selection of fines (such as the minor fact of defraudation, and the fact that there is no same kind of power);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment
1. Around July 2015, the Defendant entered into a contract to manufacture and supply “D” product name, a disposable package attached to the victim B and the new cover.
On August 8, 2015, the Defendant made a false statement to the effect that he would repay the amount of gold necessary to produce products under the above contract to the victim if he/she borrowed KRW 3 million to the victim.
In fact, the defendant was a person with bad credit standing at the time, the national tax was delinquent, and even if he borrowed money from the injured party, he was thought to be used for another purpose, so that he did not have any intention or ability to change it at the time.
The defendant deceivings the victim as above and is on the same day from the victim.