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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On November 201, 201, the Defendant made a false statement that the victim C would have paid the full amount of the cost of using a mobile phone via the victim’s name in front of the Busan National University, which was located in Geum-gu, Busan, the Busan National University. On the other hand, the Defendant got a cell phone opened in the victim’s name and did not pay the cost of using a mobile phone in excess of KRW 2,050,000 but did not pay the cost of using a mobile phone.
2. Around December 19, 2011, the Defendant obtained a loan under the name of the victim and made a false statement by taking the loan to the victim in order to operate a drinking house in the Busan Northern-dong.
However, even if the defendant received a loan from the victim, he did not have the intention or ability to operate a drinking house.
Nevertheless, the Defendant received KRW 6 million from the victim to the Solomon Savings Bank, from March 2, 2012, from that time, the victim received KRW 14.5 million from the victim, and received KRW 14.5 million from March 2, 2012 as shown in the attached Table 1.
3. Even if the Defendant received money from the victim, he did not intend to repay the loan executed in the name of the victim as provided in paragraph 2.
Nevertheless, on April 26, 2012, the Defendant received the statement that he would receive a loan from the victim, and accordingly, received KRW 1.477,00 from the victim with a new bank account in the name of D as a repayment deposit, and received from the victim, from that time, 72,00 won through five times until July 25, 2012, as shown in attached Table 2 of the List of Crimes.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on guidance for the payment of loans, written confirmation of full payment of loans, written notice of scheduled provisional seizure, etc., payment order and details of account transactions;
1. Article 347 of the Criminal Act is applicable to the applicable law and the choice of punishment for the crime.