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1. Defendant shall be punished by a fine of 4,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. The Defendant did not have the intent or ability to work as an employee in the multilateral course of the operation of the above victim even if the Defendant received the advance payment from the victim C.
Nevertheless, on August 27, 2012, the defendant extended the above victim's operation E, which is located in Jeonyang-si D, Jeonyang-si, and "5 million won" from the day after the day after the loan to the employee and will be repaid to the employee.
“Falsely speaking,” and its affiliation received KRW 5,500,000 from the said injured party as a pre-payment.
Accordingly, the defendant was given property by deceiving the above victim.
2. The Defendant did not have the intent or ability to work as an employee in the course of the operation of the victim even if the Defendant received the advance payment from the Victim F.
Nevertheless, the Defendant, in around December 11, 2012, at the Hda of the operation of the above victim located in Chungcheongnam-gun G, Chungcheongnam-do on December 11, 2012, he/she will lend the above victim the amount of eight million won in advance to the above victim as an employee from the day after the day when he/she lends it to him/her.
“Falsely speaking,” and it received KRW 8 million from the said injured party under the pretext of advance payment.
Accordingly, the defendant was given property by deceiving the above victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and C;
1. Application of Acts and subordinate statutes to ascertain cash loans and a copy of a letter of payment, each labor contract, and transaction details;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
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. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.
Defendant is led to confession, and is against himself.
The defendant pays 6 million won to the victim F, and is the victim F.