Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who is working as a U.S. Cyber University D and an assistant professor in the U.S. So-gu, Busan.
On August 26, 2013, the Defendant made a false statement to the effect that “The Defendant would make a repayment without a mold within two months, if he/she lent KRW 25 million as he/she needs to pay a higher rank,” by phoneing the victim E, who was sexually unclaimed, to the victim E.
However, in fact, while the Defendant did not have any particular property at the time, the Defendant committed about KRW 230 million on the part of the individual debt, and used approximately KRW 3 million on the monthly income to prevent the repayment of the existing debt, and there was no intention or ability to repay the borrowed debt to the victim from the beginning as agreed upon, due to extremely poor financial circumstances.
Accordingly, the Defendant, as seen above, by deceiving the victim, received 25 million won from the victim for the loan from the victim, namely, at the seat, from the victim, and obtained a total of KRW 87 million through delivery from March 2, 2015, including from March 2, 2015, the Defendant obtained a total of 11 times, such as the list of crimes in attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Account transactions;
1. Details of text messages;
1. Application of Acts and subordinate statutes, such as a letter of performance and judgment;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The criminal procedure of provisional payment order under Article 334(1) of the Criminal Procedure Act, including the content of deception of the reason for sentencing, the fact that the defendant actually used the loan amount to repay his/her obligation regardless of overseas works or overseas activities, etc., and the circumstances after the crime are poor. However, the victim agreed to recover damages by offering real estate as security, and the victim agreed to do so. The victim is not subject to punishment against the defendant, there is no criminal history against the defendant, and the defendant is a teacher of a private school.