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Defendant shall be punished by a fine of three million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
On November 19, 2012, the Defendant calls to the victim B at a place where it is not possible to know the place of light on November 19, 2012, and “It is necessary to pay lecture fees in KRW 10 million, and if he lends KRW 10 million to him, he shall pay it after 2-3 days.
“.....”
However, in fact, the Defendant was thought to use the borrowed money from the damaged party to repay obligations, not the tuition, and C Co., Ltd. operated by the Defendant had no intention or ability to repay the borrowed money even if it borrowed money from the damaged party because the shortage of funds was serious in operation due to the failure to repay the funds at the time of the suspension of the overdraft transaction on December 29, 2012.
The defendant deceivings the victim as above and acquired the victim by remitting the amount of KRW 10 million from the victim as the loan money on the same day.
Summary of Evidence
1. Legal statement of the witness B;
1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;
1. Statement made by the police against B;
1. Each investigation report (Submission and verification of a suspect's account statement of current account transactions, and/or submission of a standard financial statement certificate, etc. by C of a stock company / Execution of a search and seizure warrant and confirmation of answer data / Telephone with reference D) shall apply to statutes
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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument does not mean that the Defendant would pay the lecture fee of KRW 10 million at the time of borrowing KRW 10 million from the injured party, and there was no intention and ability to repay the above debt within 2-3 days, and therefore there was no intention of deception and deception.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts can be acknowledged.
1) The victim may pay money to the defendant.