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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 22, 2014, the Defendant concluded that “C” by telephone to the victim D, who operates “C” in Sungsung-si B, “it may be transferred to KRW 800,000 per share, with the value of iron.” On the other hand, the Defendant false statement that “The Defendant would be exempted from sending KRW 3 million with the deposit in line, to the remainder of KRW 2.6 million per share,” and that “The Defendant would be exempted from sending the balance of KRW 2.6 million per share.”
However, at the time of fact, the defendant did not have the intention or ability to send the file with the victim, even if he receives money.
Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 2.9 million, including KRW 70 million on April 25, 2014, KRW 1200,000 on April 26, 2014, KRW 1 million on April 30, 2014, and KRW 2.9 million on April 30, 2014.
Summary of Evidence
1. Statement made to D by the police;
1. Business registration certificate and detailed statement of deposit;
1. A complaint;
1. Application of Acts and subordinate statutes to each investigation report (the F of the E representative, directors G statement, the mother’s statement by the complainant, and the remaining viewing forest and employees’ statement);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;