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Defendant shall be punished by a fine of two million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
1. On January 5, 2012, the Defendant committed the crime: (a) around January 4, 2012; (b) around January 4, 2012, 200 won for a victim D to lend KRW 300,000,000,000 to a director in Korea; and (c) KRW 3 million for a loan to the victim D.
1. Until October, 200, a false statement was made to the effect that the reimbursement will be made and the remainder of one million won will be made after the vehicle.
However, the defendant did not have certain income or occupation at the time and did not have any intent or ability to pay the money even if he borrowed money from the injured party.
Nevertheless, on January 5, 2012, the defendant deceivings the victim as above and acquired the money from the victim to the Busan Bank account in the name of the defendant's mother E in Busan Bank account.
2. On January 16, 2012, the Defendant: (a) made a false statement to the effect that “Around January 15, 2012, the Defendant shall pay 607 of the Seo-gu Busan-gu Busan-gu Office Office’s 2 million won of the money borrowed from his/her former director to his/her friendship; and (b) if the Defendant borrowed 2 million won, he/she shall pay 2 million won until January 20, 2012; and (c) the remainder of 3 million won will receive money from his/her mother if he/she returned to the Republic of Korea.”
However, the defendant did not have certain income or occupation at the time and did not have any intent or ability to pay the money even if he borrowed money from the injured party.
Nevertheless, on January 16, 2012, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the Busan Bank account in the above E’s name and acquired it by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. Statement made by the police against D;
1. A complaint filed in D;
1. Application of Acts and subordinate statutes on a copy of passbook;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice 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. Article 70(1) and Article 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;