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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
C was asked in advance to the effect that “F” in the name of “F” in the operation of the Defendant in Pyeongtaek-si on September 2010, 2010, the Defendant made a prior request to the effect that “only as if he/she was the victim and was the fake bail” was the price of a fake bail.
Then, around September 15, 2010, C made a false statement to the above “F” as follows: (a) through the Defendant as seen earlier before the victim was found to have been appraised as a straw bail amounting to KRW 57 million as if C had been on bail; and (b) again, the victim would pay interest of KRW 1 million per month if C lent precious metal as security to the victim.
However, in fact, most of the bail provided as security did not have value of 57 million won as fake bail, and C did not have intent or ability to complete payment even if it borrowed money from the victim, C received 30 million won as a borrowed money from the victim and obtained it from the victim.
The Defendant, within the aforesaid “F” around September 15, 2010, made it easy for C to commit the crime of fraud by impairing the appraisal as if C was a fake bail upon C’s request when acquiring money from the victim D.
Accordingly, the Defendant aided and abetted C’s fraud crime.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and D;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Each prosecutor's interrogation protocol concerning C;
1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;
1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Sentencing Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be imposed.