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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant was a person who operated D D in Young-gun, Chungcheongnam-gun, Gyeongbuk-gun on May 26, 2015, and the Defendant was a victim E (the remaining and 79 years of age) from the above D D on May 26, 2015, and repaid to the multiple employees by November 26, 2015.
“The purpose was to make a false statement.”
However, the defendant did not have the ability and intention to repay even if he borrowed money to the victim because it is difficult for the defendant to pay interest on the debt due to a large amount of debt, and the debt continues to increase even after the first borrowing of money.
As such, the Defendant, by deceiving the victim, received a total of KRW 17 million from the victim on May 26, 2015, including a delivery of KRW 6 million from the victim, on June 6, 2015; KRW 5 million on January 4, 2016; and KRW 3 million on April 15, 2016.
Summary of Evidence
The crime of this case in the reason for sentencing of Article 70(1) and Article 69(2) of the Criminal Procedure Act, which is for the punishment of Article 334(1) of the Criminal Procedure Act, which is for the custody of cash in the police statement protocol of the defendant's legal statement E, copy of the real estate lease contract, copy of the equipment takeover, and the crime of this case by the request for cooperation in investigation, is not appropriate in light of the fact that the defendant acquired the borrowed money equivalent to KRW 17 million from the damaged person, and that the defendant was punished three times by a fine for fraud.
However, considering the fact that the defendant is recognized as committing a crime and reflects the fact that the defendant has reached an agreement with the victim, the punishment shall be determined as ordered in consideration of the circumstances of sentencing, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, and circumstances after the crime.