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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant does not have the right of retention for Seoul Officetel, and the defendant did not have any intention or ability to move the victim C into or lease the officetel because he did not have any right to move into the officetel.
Nevertheless, the Defendant:
1. Around April 2010, the victim is the representative of the right of retention of an officetel in the victim’s six-story office of “Etel” located in the sixth-story office near Bupyeong-gu Seoul Metropolitan Government Pyeong-gu.
B. It is intended to allow the occupancy of 20 million won to 20 million won in an officetel within 15 days on the face of the week.
If the occupancy is made, it may be residing at the minimum of two years to the maximum of five years.
In addition, if the occupancy period expires, the sale or the lease can be selected.
“A false statement,” and the member, from the victim, shall receive KRW 15 million on April 14, 2010 from the victim, and KRW 5 million on May 19, 2010 from the Defendant’s bank account in the name of the Defendant, shall in total acquire KRW 20 million from the Defendant’s bank account;
2. On May 15, 2010, the victim calls from the office described in paragraph 1 at around 15, 2010 and calls to the victim “it is necessary to provide services for the exercise of Btel lien, and the amount of money is five million won as it is required to be used for the services, so that an office may move into three bonds by adding five million won to an office on the face of the week.
"Falsely speaking," and the member received five million won from the injured person to the account in the name of the defendant in the name of the defendant.
Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 25 million over twice.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against C;
1. An agreement, the details of passbooks for victims, and the application of the legislation on payment.
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);
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;