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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On July 1, 2013, at around 21:00, the injured Defendant collected the victim’s face while dialogueing with the victim D (the age of 45) from “Cjuk” located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and took up the victim’s face in response to the victim’s face, and put the victim into approximately two weeks of treatment.
2. Around February 12, 2013, the Defendant received KRW 11,008,340 from the victim on a total of 24 occasions as shown in the separate crime list from around around 2013 to May 2, 2013, by falsely speaking that the Defendant would have lent KRW 200,000 to the victim D at a boomed price of 10,000 won.
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol of interrogation of the police as to D (2-1 No. 2-1, No. 14), the protocol of interrogation of the police as to F, the protocol of interrogation of the police as to G, and the second protocol of interrogation of the police as to the accused (2-2, No. 185 of the investigation record);
1. Statement made by the police in relation to D (2-2, 18 pages of investigation records);
1. A medical certificate of injury (investigative record 2-1 pages), certificate of actual results of deposit transactions, and receipt;
1. Application of statutes on field photographing;
1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 347 (1) of the Criminal Act (the point of injury), and selection of each fine for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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;