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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 2, 2010, the Defendant stated that “If the Defendant lends money to the victim E (55) by taking a private taxi owned by the Defendant as security at the D office located in the Nam-gu Busan Metropolitan City, Busan, the Defendant would sell the taxi and complete payment of the money without fail.”
However, since at the time the defendant was liable for a loan of 20 million won to community credit cooperatives, even if he sold the above taxi, he was thought to use the money to repay other debts. Since the entertainment business in which the defendant invested was reported as well, there was no intention or ability to repay the money even if he borrowed money from the victim.
On October 15, 2010, the Defendant received 1.7 million won from the victim's new bank account on the same day, 1.9 million won around October 15, 2010, 200 million won around October 20, 2010, and 4 million won from October 25, 2010 to the Defendant's bank account, and acquired 4.8 million won in cash from November 7, 201 to the Defendant's bank account.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Each statement of E prepared by the police;
1. Application of each of the Acts and subordinate statutes stated in the loan certificate (No. 2, No. 7 of the evidence record), cash custody certificate (No. 2, No. 8 of the evidence record);
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;