Text
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
Defendant
A was a person working as a restaurant employee. On June 2016, at a “E” restaurant operated by the victim D of the victim D in the Gu, Changwon-si, Seoul Special Metropolitan City, the date of which June 2016, A borrowed 5 million won from the victim to the other president. However, if he/she has paid the money, he/she can perform his/her duties at the victim’s expense.
However, even if the defendant borrows money, the defendant did not have the intent or ability to work or pay money at the victim's restaurant.
Nevertheless, on July 11, 2016, the Defendant: (a) received KRW 5 million from the injured party who deceiving the injured party and believed the horses; and (b) paid the credit card payment on the 29th of the same month; and (c) received KRW 1.2 million from the Defendant’s agricultural bank account in the name of his/her fatherF.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The loan certificate;
1. Application of Acts and subordinate statutes on account transfer;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;