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1. Defendant shall be punished by a fine of KRW 1,500,000;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is sentenced to imprisonment with prison labor for the crimes of special obstruction of performance of official duties, etc. at the Suwon District Court (2014No2980) on July 24, 2014 and two years of suspension of execution for the same year.
8.1. The person for whom the judgment has become final and conclusive.
On June 18, 2012, the Defendant concluded that “The Defendant would have repaid the Plaintiff Company B (Seoul and 30 years of age) on the street prior to the point of supply of Han Bank, which is an electric power plant located in the Dong-dong, Dae-dong, Seoul, with the intention of leasing KRW 5 million to the Plaintiff (Seoul and 30 years of age) as security.”
However, even if the defendant borrowed money, the defendant did not have the intent and ability to repay it.
As such, the Defendant, by deceiving the victim, received 4.75 million won, subtracting the interest of 2.5 million won from the victim to the agricultural bank account under the name of the Defendant, and acquired it by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes on copies of bankbooks;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes (the crimes of obstruction of performance of special duties, etc., for which the judgment has become final and conclusive)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 20 million won or less (the decision of sentencing): The fact that there is a criminal experience in the same kind of crime, circumstances favorable to the failure to recover the damage: confession and reflect; the defendant's age, occupation, environment, circumstances of the crime of this case, details of the crime, the amount of fraud, and circumstances after the crime, etc. are considered, and the sentence was determined as ordered by the order.