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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. On August 24, 2010, the Defendant made a false statement to the victim C’s house located in Jincheon-gun, Jincheon-gun, Jincheon-gun, that “The Defendant would have paid back KRW 5 million immediately if he/she loans the value of the goods.”
However, the defendant did not have any intention or ability to repay the money even if he borrowed money from the victim because there was no fund raising for the purchase of building materials.
The defendant received five million won from the victim's place of residence from the victim.
2. Around September 6, 2010, the Defendant made a false statement to the victim that “I need to add 15 million won to operate a business, and if I lend it, I will immediately pay it.”
However, the defendant did not have the intent or ability to repay the above even if he borrowed money from the victim for the above reasons.
The Defendant received 15 million won from the victim’s place.
Accordingly, the defendant deceivings the victim and defrauds the 20 million won in total.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. Application of the police protocol law to C
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;