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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal record] On March 16, 2017, the Defendant was sentenced to a suspended sentence of two years on March 24, 2017 by imprisonment with prison labor for the use of computers, etc. at the Suwon Friwon, and the judgment was finalized on March 24, 2017.
[2] The Defendant borrowed KRW 5,00,000 as it is necessary to pay money to the victim D with “C” located in B around May 2013, 2013. The Defendant borrowed KRW 5,00,000 as it is necessary to pay money until May 7, 2014.
“A false statement” was made.
However, the defendant was a bad credit holder at the time, and the enemy of the store operated by the defendant was accumulated, and there was no other property, so there was no intention or ability to repay the above money even if it was borrowed from the injured party.
As such, the Defendant, as stated in the list of crimes attached to the crime, received KRW 5,00,000 from May 2013 to December 31, 2013, including the Defendant, by deceiving the victim as such, and received KRW 25,00,000 as the borrowed money from the victim, as the borrowed money.
Summary of Evidence
1. Statement by the defendant in court;
1. The second police statement protocol with D;
1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, (A) and text of judgment (the second sentence of 2017, the second sentence of 304);
1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;