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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On April 7, 2014, the Defendant made a false statement to the victim D, stating that “I will make profits by creating a game, trust it is. I will make a lot of money and make a work for giving up cash, or demand money only before a day, regardless of whether it was a month, and if I will make a statement, I will add 10 million won interest to KRW 10 million.”
However, the fact is that E was willing to use the money remitted from the victim as gambling money at the illegal sports soil site, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.
The Defendant, by deceiving the victim as above, was transferred KRW 9,00,000 to a bank account in the name of the F Company designated by the Defendant on the same day from the victim.
2. On April 11, 2014, the Defendant stated, at the place indicated in paragraph 1, that “I would like to borrow money to the victim more than KRW 9 million in addition to and increase the machinery, and if I would like to borrow money, I would like to say that if I would like to make money before and after a day, I would like to add 10 million interest to KRW 10 million.”
However, even if they borrow money as stated in Paragraph 1, they did not have any intention or ability to repay it.
The Defendant, by deceiving the victim as above, received KRW 9,00,000 from the victim to the deposit account in the name of F on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol regarding E;
1. Each police statement concerning D;
1. Application of Acts and subordinate statutes to each statement of bank payments, each certificate of borrowing, and each deposit receipt;
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;