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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 10, 2015, the Defendant called the victim C by phoneing the victim C at an unsound place, and stated that “The Defendant would obtain a loan from the Si Corporation with respect to the construction of a new hotel in the Chungcheong YYYYYYYYY, and would obtain a notarial deed, and would make a notarial deed to lend money due to a lack of notarial expenses, and would pay 150 million won on the following day if notarial deed was conducted.”
However, as the defendant did not enter into a contract with the contractor, the defendant did not need to be notarized, and the money received from the victim was thought to be used for personal purposes.
Nevertheless, the Defendant received 5 million won from the victim with a false statement to the Busan Bank account (E) opened in the name of the corporation D on the same day from the victim, and acquired it by defrauded.
Summary of Evidence
1. Partial statement of the defendant;
1. The portion of the statement made by C by the witness in the sixth public trial protocol;
1. Statement made by the police against C;
1. Complaint;
1. Application of the Acts and subordinate statutes to investigation reports (Attachment to the details of transactions of the corporate account;
1. Article 347 Paragraph (1) of the Criminal Code of the pertinent Article on criminal facts (Selection of Penalty) (In light of the evidence in the judgment below, in relation to the implementation of the new hotel construction project in Boan-si, the facts are as follows: (a) whether a contract for the construction project will be entered into between the LAF and the LAF in relation to the implementation of the new hotel construction project in Boan-si; (b) whether the LAD would be able to receive the operating subsidy from the LAF; and (c) even if the LAD would be able to receive the operating subsidy from the LAF
As long as the defendant was informed of the victim by deceiving the victim and received money of five million won, the circumstance that the defendant had a claim of two million won to the victim at the time does not affect the establishment of the crime of this case).
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is uncertain.