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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 9, 2016, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud at the District Court, which became final and conclusive on August 17, 2016.
At the time of February 1, 2016, the Defendant stated that “A victim C, one of the parties to the case, who had a relation to the case, sold c,600,000 won, which is the lack of bid costs, shall be paid at the earliest as soon as possible after giving them a bid cost.”
However, the defendant did not have any particular income at the time to borrow the above money from the injured party for personal purposes, but did not intend to participate in the above auction from the beginning, and did not have any intention or ability to pay the money borrowed from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) received 3,600,000 won in the post office account (D) in the name of the Defendant from the victim on February 12, 2016 to the account under the name of the Defendant; and (c) received 295,000 won in the name of the said auction in the French land around February 16, 2016; and (d) received 1,105,000 won in the name of a new loan deposit from the French land around March 13:36, 2016 to the new loan deposit.
Accordingly, the Defendant was given a total of KRW 5,000,000 by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Account transactions;
1. Previous convictions: References to inquiries, such as criminal history, reporting of the previous convictions of the disposition (No. 12) and reporting of the results of confirmation (No. 13) of the relevant judgment, the application of Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act, the Defendant, by deceiving the victim in the teaching relationship, did not recover the damage, and committed a crime during the period of repeated crime.
This is.