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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On November 20, 2013, the Defendant made a false statement to the effect that “The victim F, who was aware of the usual place of work in E Ga, E Ga, Seosan-si, would operate a large construction office and golf course in Seoul, and would not have any problem with the ability of reimbursement. When lending liquor payments, etc., the Defendant would make reimbursement within 2-3 days.”
However, there was no particular property or revenue source at the time, and there was no intention or ability to repay the borrowed money to the victim as agreed.
Accordingly, the Defendant, as seen above, was urged by the victim to receive KRW 500,00 from the victim as the borrowed money.
2. On November 27, 2013, the Defendant made a false statement to the effect that “If the Defendant borrowed money that is needed to pay money rapidly due to industrial complex problems, he/she would repay money within 2-3 days without molding it.”
However, there was no particular property or revenue source at the time, and there was no intention or ability to repay the borrowed money to the victim as agreed.
Accordingly, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 15 million on the same day and KRW 5 million on the following day under the pretext of borrowing money.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Application of Acts and subordinate statutes to a copy of passbook transaction;
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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
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;