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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
The Defendant, as a farmer on May 2012, at a D farm located in Kimhae-si, Kim Jong-si, 2012, the previous victim E had to complete payment of KRW 20,000,000,000,000,000 to village residents F, but there was no money for the victim.
Therefore, the victim is that the F, the defendant, and the third party pay the F, the victim's debt of 20 million won on behalf of the F, and the victim has paid the money to the defendant.
1. On May 9, 2012, the Defendant made a false statement to the victim E that “I would pay the money promptly because I would have paid the money in lieu of F.”
However, the fact, however, is assumed to borrow money from F because there was no money to pay for it, and there was no fact that the money was actually paid for it.
Nevertheless, it belongs to the victim who does not know such fact, and around May 15, 2012, KRW 10 million is the Agricultural Cooperative Account in its own name;
7. On October 5, 100,000 won, and on October 18, 1000 won, both were remitted and acquired 20 million won.
2. On June 9, 2014, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the victim due to a large amount of debt to others.
Nevertheless, the victim made a false statement to the effect that “I will complete payment within one week if I have borrowed five million won if I have succeeded to the property of the kind and body. I have succeeded to the property of the kind and body.”
As such, it was acquired by deceiving the victim and 5 million won remittance.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Application of the statutes on the details of transactions remitted to the suspect;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
4. Article 334 (1) of the Criminal Procedure Act.