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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 April 23, 2015, the Defendant stated that “If the studio construction work is in the process of the studio construction work in In Mancheon-gu, Seoul Special Metropolitan City, the Defendant would provide the victim D with the right to sell the studio 1, which the Defendant has, and if it lends 8 million won to the end construction work cost, it would be paid within 2 months.”
However, in fact, the Defendant was working at the site of the relevant officetel in Incheon, and the Defendant did not have the right to sell the said officetel, but could not provide the funds borrowed from the victim as security. As above, the Defendant again lent the funds borrowed from the victim to E, instead of the completion cost of the said officetel construction site, or used them for the construction cost of another construction site. Therefore, the Defendant did not have any intent or ability to repay the above borrowed funds because it did not have any other property.
Nevertheless, the Defendant, by deceiving the victim as above, received eight million won from the victim to the agricultural bank account of the Defendant on the same day and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
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;