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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal records] The Defendant was punished seven times for the same crime in addition to imprisonment with prison labor for six months and suspended execution with prison labor for a crime of fraud at the Suwon on October 14, 2011.
[2] On December 24, 2015, the Defendant purchased dump trucks from 5 to 6 parts of it in the mutual infaculation in the middle of the Busan City Shipping Daegu around December 24, 2015, the Defendant purchased dump trucks from 2 to 3 parts to 3, thereby leaving the soil at the construction site.
If dump truck down payment is invested in KRW 20 million, it was false to the effect that it will be paid from KRW 3 million to KRW 3.5 million every month.
However, even if the Defendant received dump truck purchase down payment from the injured party due to no special property or income at the time, there was no intention or ability to purchase dump truck by additionally raising any balance, and was merely intended to use it as living expenses, etc. by receiving dump truck down payment from the injured party, and there was no intention or ability to pay the profits as above to the injured party.
On December 28, 2015, the Defendant received from the injured party a transfer of KRW 20 million to an account in the name of the Defendant, under the pretext of an investment deposit.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A copy of a complaint and a detailed statement of account transactions;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;