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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
From May 201, the Defendant visited the victim at several times, “G” as the member-gu F and 102, Ansan-si operated by the victim E, Ansan-si, the Defendant concluded several false statements on May 201 to the effect that “The cleaning business operated by the prine is in arrears with taxes and is in need of KRW 10 million to resolve taxes. In the absence of money, the Defendant also received the loan. It is difficult for the Defendant to borrow a good credit.”
However, even if the victim borrowed money from the victim, there was no intention or ability to repay it.
As such, the Defendant, by deceiving the victim as such, was delivered to the Defendant’s new bank account in the sum of KRW 15 million, which is KRW 5 million from the victim on May 25, 201, KRW 4 million on May 26, 2011, KRW 5 million on May 27, 201, KRW 5 million on May 27, 201, and KRW 15 million on May 28, 201.
Summary of Evidence
1. The defendant's partial statement of the court (the defendant and his defense counsel asserted that the defendant did not have an intention to acquire money. The following circumstances acknowledged by each evidence are as follows, ① the defendant knew that the purpose of the borrowed money is the use of the borrowed money and used to repay the amount equivalent to the borrowed money after borrowing money. ② At the time of the crime of the judgment, the defendant bears the obligation of several million won, monthly payment was made, and the monthly payment was not made up to one million won, and the company was made up to two months after borrowing money, ③ the defendant paid approximately three million won on behalf of the victim, and the defendant has not yet been able to fully acknowledge that there was an intention to acquire money by the defendant, and the defendant and his defense counsel's assertion is without merit).
1. Each police interrogation protocol against the accused;
1. Statement to E by the police;
1. Application of trade-related Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;