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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On July 4, 2014, the Defendant was sentenced to a suspended sentence of two years and 160 hours of community service at the Seoul Northern District Court sentenced to a suspended sentence of one year for embezzlement, and the judgment became final and conclusive on July 12, 2014.
1. On November 26, 2011, the Defendant stated that “The Defendant would pay each month the settlement amount on a credit card with the credit card he/she has to pay to the Defendant,” at the Dju shop operated by the Victim C located in Dobong-gu Seoul Metropolitan Government, that “A credit card was cut off to his/her wife.”
However, the defendant did not have the intent or ability to pay the purchase price of TV with a credit card even if the victim made a substitute payment.
The Defendant had the victim pay 7,50,000 won in a 10-month rate for the purchase price of TV with 32 members of LGD, and did not pay it, thereby acquiring property profits equivalent to the purchase price of the said TV.
2. On January 28, 2012, the Defendant made a false statement to the victim C in the traffic system of the Gangnam-gu Seoul Northern Police Station located in 415-15, Gangnam-gu, Seoul, that “If the Defendant fails to pay a fine, he/she is in the Gangnam Police Station. If he/she fails to pay a fine at present, he/she should live in detention and send KRW 2.45,000,000,000 to 2.4.
However, the defendant did not have the intention or ability to repay even if he received the above money from the victim.
The defendant was transferred from the victim to the virtual account of fine payment in the amount of KRW 2,450,00 from the victim's seat to the virtual account of borrowing money.
Accordingly, the defendant, by deceiving the victim, received the property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each receipt; and
1. Previous convictions in judgment: Application of the summary agreement, assistant agreement, and copy of judgment;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The Criminal Act among concurrent crimes.