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Defendant shall be punished by a fine of KRW 1,500,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a woman living together with the complainant B, and the complainant B and the complainant C are punished.
1. On July 10, 2015, the criminal defendant against B, who was the complainant, found the above B, which was detained in the smuggling detention house, and made a false statement to the effect that “a bank loan must be repaid, and a loan of KRW 1.7 million shall be lent.”
However, even if this money was borrowed, the complainant did not intend to use it as a bank loan, which he received 1.7 million won from the complainant and used it for personal purposes such as entertainment expenses.
2. Fraud against complainant C;
A. On February 5, 2016, the Defendant made a false statement to the complainant at the above complainant C office located in Busan Jung-gu, Busan, stating that “Around February 5, 2016, the Defendant requires KRW 2 million at the operating cost due to the outbreak of cerebral blood from Defendant’s father.”
However, this money shall be received from the complainant above 2 million won and shall be acquired by using it for personal purposes such as department stores;
B. Around June 3, 2016, at the same place, the complainant made a false statement to the effect that “4 million won is required as the amount agreed upon by the birth accident.”
Therefore, it received the above 4 million won from the complainant and acquired it by using it for personal purpose.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the law of each police statement protocol to B and C
1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;
2. Selection of a selective fine for punishment (the fact that the victim under an agreement with the victim C is not subject to the punishment of the defendant);
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;