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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 3, 2016, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months in the Seoul Northern District Court due to intrusion on a structure at night, theft, etc., and the judgment became final and conclusive on February 11, 2016.
On January 29, 2015, the Defendant leased a monthly rent of KRW 69,900, a monthly rental fee of KRW 39,900, to the employees of the “victim” company through the Hyundai Home shopping of the selling agency in the Defendant’s residential area, Seo-gu, Daejeon, Daejeon, Daejeon, 103 Dong 506, for a period of 39 months.
Rent will be settled on the fifth day of each month with a new credit card under the name of the defendant.
“A false statement was made to the effect that it was “.”
However, the defendant did not have the intention or ability to pay a rent even if he was installed with the frame of a bit lease and a bed against the victim.
Nevertheless, on February 2, 2015, the Defendant obtained a total of KRW 2,726,100 in the market price from the injured party on February 2, 2015, the Defendant paid only KRW 69,90 in one-time rent, and did not pay the remainder rent, thereby acquiring property benefits equivalent to KRW 2,656,200 in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Report on investigation (matters stated D by a complainant's agent);
1. Complaint;
1. A copy of the rental agreement, a detailed statement of deposit, and a chief executive officer of the peremptory notice of non-performance of obligation;
1. Details of use of the new card and transactions of passbooks at post offices;
1. The records of the judgment: The defendant and his/her defense counsel made a settlement of rent by means of automatic transfer from the head of the post office passbook where the balance at the time of installation of a bit lease and a bed press frame remains. Since he/she had an intention to pay rent, he/she did not intend to obtain fraud.
On the other hand, each of the above evidences is acknowledged as a whole by considering the whole purport of the arguments.