Text
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
The Defendant, a person who operates the Defendant Company B, was performing a test work at the construction site of the Daegu-gu New Apartment Construction Site implemented by the Victim C.
On July 10, 2015, the Defendant is under bad credit standing if the Defendant did not pay the credit card price by 6 p.m. to the victim C at the front of the F F F F F F F F F F F F Fzdong Branch E located in Dong-gu, Daegu Metropolitan City, Dong-gu.
It shall be paid immediately within three days from the loan of money.
“A false statement” was made.
However, in fact, Defendant 1 did not have any intent or ability to make a change within three days, even if he borrowed the above money from the injured party, since the amount of the outstanding construction cost that was not received from G, a new construction contractor of the above Daegu-gu D apartment, reaches KRW 1,90,000,000,000, and the injured party was thought to be substituted for the repayment of the outstanding construction cost, as the loan was false as
As such, the Defendant, by deceiving the complainant, received cash of KRW 20 million from the complainants.
Summary of Evidence
1. Partial statement of the defendant;
1. The credibility of each legal statement of C and H (in light of the developments and methods of committing a crime, the details of damage, the specification and consistency of the statement before and after committing a crime, the attitude of the statement in this court, the conformity with other evidence, and the fact that there are no circumstances for the false representation in the statement, its credibility is recognized);
1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Statement C in the police interrogation protocol concerning the accused;
1. Each police statement made to C and H;
1. Application of Acts and subordinate statutes to certify that the complainant, text message sent by the suspect, and the suspect sent to the complainant;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of an alternative fine for punishment;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which the Defendant paid 18 million won to the victim through civil conciliation proceedings, and the Defendant was before and after 2007.