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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 13, 2017, the Defendant stated that “A victim C shall lease the same office with a deposit for lease on a deposit basis for one-year basis from the same date to July 12, 2018” to the victim C within a prefabricated-si office located in Sacheon-si B.
However, in fact, the above office was leased from the non-party D, the owner of the building, from January 1, 2015 to December 31, 2016. Even if the lease period has already expired and the lease deposit was received from the victim, the defendant did not have the ability to rent the office for one year to the victim.
As such, the Defendant, by deceiving the victim, received 3 million won as the deposit for lease from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police interrogation protocol of the accused (including the C’s statement part);
1. Each police statement of C or D;
1. A statement of the payment of office deposit money;
1. Application of Acts and subordinate statutes to investigation reports (the change of amount of damage and the change of date of crime);
1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, and the choice of a fine (the payment of a fine which is 1.2 million won out of the amount of damage);
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;