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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On February 6, 2012, the Defendant made a false statement to the victim C, stating that the Defendant did not have the intent or ability to issue a consignment appraisal statement, and that “I will issue a consignment appraisal statement with approximately KRW 3.5 billion to approximately KRW 4 billion to the E forest in light of light. I will issue a consignment appraisal statement if you send two million won at the expense of issuing the consignment appraisal statement. I will issue it if you send two million at the expense of issuing the consignment appraisal statement.” Accordingly, I acquired it from the victim to the Defendant’s post office deposit account in terms of the expenses of issuing the consignment appraisal statement from the victim. < Amended by Act No. 11268, Feb. 7, 2012; Act No. 11300, Feb. 1, 2012; Act No. 11300, Feb. 8, 2012; Act No.
2. On February 20, 2012, the Defendant made a false statement to the victim that “Around March 9, 2012, the Defendant would issue a written appraisal of approximately one billion won at the Daegu Bank via an appraisal institution, if he/she had no intent or ability to issue a written appraisal to the victim C, and the Defendant acquired it by transfer five million won from the victim to the Defendant’s post office deposit account in terms of the cost of issuing a written appraisal on February 24, 2012.”
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Each police suspect interrogation protocol against the accused (including the C's statement in the second protocol);
1. Each police statement of C or D;
1. A deposit box document, an Internet banking transfer certificate, a certificate of remittance from each new bank, and a detailed statement of financial transactions from each post office;
1. Investigation report (non-party D and J telephone communications);
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the probation and community service order shall be the victim's land appraisal statement.