Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around April 27, 2011, the Defendant issued a complaint equivalent to KRW 1,240,000 at the market price from the victim, on the ground that, even if the Defendant was supplied with the victim’s accommodation on credit from the victim C at the calendar exhibition in the Yacheon-si, Macheon-si, the Defendant was falsely saying, “The Defendant did not intend to pay the price on credit, and would bring the price on credit,” and was issued by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that "the defendant and defense counsel have the intent and ability to pay the price at the time when the defendant purchased the YY from the victim on credit, but it is merely impossible to pay the price due to the aggravation of economic circumstances, and there was no intention to acquire the price amount by fraud.

The intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, contents of the crime, process of transaction, relationship with the victim, etc. before and after the crime unless the defendant confessions.

(2) The Defendant and the defense counsel’s aforementioned assertion cannot be accepted on May 16, 2014, as follows: (a) pursuant to the circumstances of paragraphs (1) through (3) below, which can be acknowledged by evidence duly adopted and investigated by this Court; (b) pursuant to the circumstances of this Court, it can be recognized that the Defendant had the intention of defraudation at the time of purchasing the debt from the victim; and (c) the victim does not have the punishment of the Defendant at present.

(1) The defendant may purchase the above bonds at the time of purchase.