Text
Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On May 12, 2012, at around 12:00, the Defendant subscribed the victim E to the fraternity operated by the Dong in Busan Seo-gu, Seo-gu, Busan, as if the Defendant were to properly pay the face-to face-to face-to-face deposit to the victim E, and requested the victim to join the fraternity operated by the victim.
However, even if the defendant received money in fact, he did not have the intention or ability to pay the money in advance, and was thought to pay the money in advance until he receives the money in advance.
The Defendant paid 7,370,00 won in total five units from June 10, 2012 to September 10, 2012, and acquired 10,30,000 won in cash and acquired 10,30,000 won in cash on October 10, 2012.
2. Around 12:00 on December 30, 2012, the Defendant: “Around 12:00, the Defendant borrowed money to the victim’s residence of the 1st 203 victim of the F apartment house 1, Seo-gu, Busan, Seo-gu, Busan, stating that “The Defendant would have to go up to Seoul, with no money going up, prepare a money by securing the apartment house in Seoul, and then repay all the borrowed money to the next week, so that only 500,000 won may be loaned.”
However, in fact, the defendant did not have any apartment mortgage and did not have any intention or ability to pay the borrowed money.
Accordingly, the defendant deceivings the victim and obtained 500,000 won in cash from the victim's place.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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;