Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] On April 21, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Seoul Central District Court for a violation of the Punishment of Violences, etc. Act (Habitual Violence) and the said judgment became final and conclusive on April 29, 2014.

【Criminal Facts】

On December 7, 2010, the Defendant made a false statement to the victim B (n, 41 years of age) that “If the Defendant lends KRW 10,000,000 as business funds, he/she will pay monthly interest at one million.”

However, the defendant did not have a certain amount of income at the time, and it was thought that he borrowed money from the victim will be used for gambling funds, so there was no intention or ability to pay it.

The defendant received 9 million won from the victim to the new bank account (Account Number: C) in the name of the defendant on the same day.

Summary of Evidence

1. Criminal records as shown in the written statement of statement No. A prepared by the police officer who prepared the defendant's legal statement No. B: The criminal records, etc. inquiry report (A) and the application of the statutes on the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the defendant for the sentencing of this case. The case must consider equality in the case where the defendant and the victim are concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (Habitual Violence) in which the judgment became final and conclusive. In addition, all elements of sentencing shown in the argument of this case, such as the amount of damage of this case, relationship between the defendant and the victim, whether to recover damage, the victim's intent to punish, the circumstances before and after the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and criminal records (the records of punishment for the crime of the same kind are high, and