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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Around October 8, 2018, the Defendant made a false statement to the effect that “The Defendant would pay back immediately to P.O. if the Defendant borrowed KRW 15 million to P.D.” to the victim in the sales office operated by the Victim C in Overcheon-si.
However, in fact, the Defendant was liable for approximately KRW 15 million and was thought to be used for personal debt and gambling with money borrowed from the victim, so even if the Defendant borrowed money from the victim, there was no intention or ability to repay money borrowed from the victim per day.
Nevertheless, the Defendant received KRW 15 million in total from the victim, namely, the D’s account designated by the Defendant, and KRW 5 million in total from the E’s account.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. Certificate of remittance;
1. Application of Acts and subordinate statutes to report on investigation (report on results of inquiry);
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;