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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
Around January 9, 2013, the Defendant made a false statement to the victim B, in the office of the victim B located in Busan-gu, Busan-gu, stating that “In the process of a criminal case, it is necessary to settle the complaint. It is necessary to have a KRW 12 million in the process of a criminal case. The Defendant sought KRW 5 million through another person. Accordingly, it would be promptly repaid within a week.” On January 21, 2013, the Defendant continued to make a false statement to the effect that “In addition, 5 million in the interest of a person who borrowed 5 million in money to the victim is not resolved because he/she did not grant money to the victim.”
However, in fact, the defendant did not have any criminal case after the complaint and did not receive money from the victim, and was expected to use it as living expenses, and there was no intention or ability to repay the borrowed money to the victim because there was no other property or revenue.
Nevertheless, as above, the Defendant, by deceiving the victim and deceiving the victim from the victim to the national bank account in the name of the Defendant, obtained a total of KRW 7 million around January 9, 2013 and KRW 5 million around January 21, 2013, respectively, and obtained a total of KRW 12 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to B
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (generally: Selection of fines: The time of committing the crime, the first offender, etc.);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;
1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;