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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 17, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court, and the judgment became final and conclusive on the 25th of the same month.
Around May 2009, the Defendant made a false statement to the victim D’s house located in Seo-gu Daejeon building C, Daejeon, stating that “The Defendant would make a head office to Seo-gu, Daejeon, Daejeon, and would make a repayment by November 2009 if the Defendant borrowed the loan under the name of aner because the amount of KRW 2 million is insufficient.”
However, the defendant, as the bad credit holder at the time, was merely 3 million won, and even if he borrowed the above money from the victim, he was planned to use it for the purpose of living expenses, so that he did not have the intention or ability to pay it.
Nevertheless, on June 30, 2009, the Defendant received 2720,000 won from F.
In addition, the Defendant received a total of 1,684,00 won as shown in the attached list of crimes, even though he did not have the intent or ability to repay the borrowed amount from that time to May 15, 2010.
Summary of Evidence
1. Defendant's legal statement;
1. Written opinions, case transfer notes, reports on investigation results, and suggestion for investigation direction;
1. Previouss before ruling: Application of criminal history records, circular records, and econet case search-related statutes;
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) is based on the order to partially reduce a fine for a summary order, taking into account the following: (a) the confession of the instant crime for the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) there are circumstances in which the judgment could have been