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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Even if the defendant receives the construction cost from the victim B, he did not have the intent or ability to proceed with the construction work.
Nevertheless, on September 201, the Defendant made a false statement to the effect that “The Defendant will continue the construction work later on the first day of the payment of the construction cost, in a place where it is difficult to know on the date in which the payment was made.”
The Defendant, as such, deceiving the victim, and deceiving him from the victim on September 8, 201, KRW 5,000,000, around September 8, 2011; and
9.On September 19, 199, received a total of KRW 6,000,000 around KRW 1,000.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of the Acts and subordinate statutes to various books and certificates of withdrawals;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are that the defendant agreed with the victim, that the defendant has no record of punishment for the same kind of crime, etc., in favor of the defendant, or that the above circumstances appear to have been determined by a fine as considered from the issuing stage of the summary order, and that in this case, the victim's damage has not been fully recovered until the past five years since the crime was committed in 2011. In full view of all the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the amount of fine in the summary order is too high.
Therefore, the punishment is determined as ordered.