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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
The defendant is the representative of the Dispute Resolution Co., Ltd., which manufactures and sells plant nutritions, such as fertilizers, in the Gyeongbuk-gun B.
On July 20, 2017, at around 15:00, the Defendant made a false statement to the victim E in the residence of the victim E, who was ordered by the victim from the damage, and brought about gambling 2 in color, while demanding the victim to seek “Neo-jin”, which is the death and the side of the patient whose production had already been suspended, and the body of the victim’s disease treatment, “it may be claimed within 30,000 won per annum.” When the victim demands the victim to reduce the price, the Defendant stated that “The victim would use 200,000 won for 20,000 won for gamball and knassium 20,000 won for 150,000 won for knassium.”
However, in fact, the defendant did not have any intention or ability to seek the victim's hysium and hysium.
On July 21, 2017, the Defendant received KRW 2,150,00 from the damaged party, to the Defendant’s HF Nong Bank account.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on transactions of passbooks;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant, on October 16, 2017, has recovered from damage by remitting KRW 2.15 million to the victim, taking into account the fact that there was a history of having been punished eight times (two times of suspended execution and six times of fines) due to the same kind of crime, and that the nature of the crime is not good in light of the method of the crime.