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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
On January 29, 2015, the Defendant made a false statement to the victim D, “A business conducted by G in relation to the redevelopment business of the E and F apartment shall purchase the H 2,204, Dong-gu, Incheon, Jung-gu, Incheon, which was used by G as the office of G in order to acquire the business conducted by G in relation to the redevelopment business of the E and F apartment, KRW 30 million is necessary to purchase the down payment. The Defendant would pay the down payment within five days if he/she lends the money that entered.”
However, the Defendant did not have any intention or ability to pay the amount properly even if he borrowed the money from the victim because the Defendant was in a state of debt without any special property at the time of fact and it was not confirmed that the amount of investment will enter within five days.
As such, the Defendant, by deceiving the victim as such, received cash 20 million won from the victim on his/her job as the borrowed money.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
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;