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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On May 20, 2016, the Defendant made a false statement to the victim D on May 20, 2016, stating that “The cost of the construction work on the construction site of Changwon E Apartment Complex” was changed to the victim D.
However, even if the defendant received money from the injured party, he did not intend to use it as entertainment expenses, and there was no intention or ability to allow the injured party to do the said electrical construction.
The Defendant received 370,000 won from the damaged party to the Suhyup account of the name of the Defendant on the same day.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. On May 23, 2016, the Defendant made a false statement to the effect that “The Defendant would lend money to the said victim by May 28, 2016,” at the place specified in paragraph 1 at the same time.
However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.
The Defendant received 2 million won from the damaged party to the Suhyup account of Defendant’s name on the same day.
Accordingly, the defendant was given property from the victim by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. The application of Acts and subordinate statutes to a complaint, money borrowed statement, transaction statement, and personal credit information reply note;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;