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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On March 30, 2018, the criminal defendant against the victim B told the victim B to have a telephone on March 13:30, 2018, and saying, “A DNA dental construction is being carried out in DNA dental construction with the third floor of the Eunpyeong-gu Seoul building C, and, at the same time, the victim B would pay KRW 952,00 for the face value of the gas wave.”
However, the defendant did not have the intention or ability to pay the price even if he is supplied with a strike from the victim.
Nevertheless, on April 5, 2018, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to establish a sofashion to the said D branch on April 5, 2018; and (c) did not pay the said amount, thereby acquiring the pecuniary benefits equivalent to KRW 952,000.
2. On March 28, 2018, the criminal defendant against the victim E told the victim E to pay KRW 2,350,000 to the victim E for the repair work.
However, the defendant did not have the intent or ability to pay the construction cost even if he had the victim do so.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to do so, to do so from March 28, 2018 to March 31, 2018; and (c) did not pay the said amount, thereby acquiring pecuniary benefits equivalent to KRW 2,350,000.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of B and E;
1. A written statement;
1. Each complaint;
1. The details of each text message, the details of each account transaction, and the interior contract;
1. Application of Acts and subordinate statutes to investigation reports (F telephone communications content, andF data submission);
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;