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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On May 30, 2017, the Defendant made a false statement to the effect that “Around May 30, 2017, the Defendant would pay the principal within one year, along with the interest of 2% per month if he/she borrowed money, to the victim’s house of the victim C, Busan Shipping Daegu Apartment, 1204, for a new apartment.”
However, in fact, the Defendant did not have any particular hospital or property at the time, and the Defendant was obligated to pay approximately KRW 300 million personal debt, and thus, most of the above borrowed money would be used to prevent the remainder of the existing debt, not the apartment, and there was no intention or ability to repay the borrowed money
Accordingly, the Defendant, as above, by deceiving the victim, received a total of KRW 9.4 million from the victim, and KRW 29.4 million around June 9, 2017, including KRW 20 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to accusation, loan certificates, monthly rent contracts for commercial buildings, details of account transactions, investigation reports (person D telephone conversations);
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. Articles 70 and 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;