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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 2, 2016, the Defendant displayed the calculation table of occupancy profit to the victim C, which reported and found an advertisement soliciting convenience stores in B at the Jeonju-si, around December 2, 2016, and if the Defendant invested a total of KRW 140 million, such as premium of KRW 80,000,000 for the opening of convenience stores, KRW 50,000,000,000,000,000,000,000,000,00
When the injured party requests the return of the investment amount on May 2017, 2017, “if the partner makes an investment of KRW 70 million which is 50% of the investment amount, 50% of the investment amount may have 50% of the investment amount as well as the interest in the convenience store, such as the profit and the premium.
“.......”
However, the Defendant did not pay KRW 80 million for the opening of convenience store business, and the Defendant used KRW 24 million for the opening of convenience store business, KRW 27 million for the purchase of the building deposit, KRW 24 million for the purchase of the goods, KRW 22.7 million for the purchase of convenience store business. Of which, the Defendant received KRW 30 million from the head office of convenience store for the settlement support, and the Defendant did not have any intent or ability to use the money paid from the damaged party for the opening of convenience store business for the payment of the premium, etc.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the E Union account (F) in the name of D to the victim, KRW 26.2 million on December 26, 2016, KRW 50 million on June 13, 2017, and KRW 70 million on a total, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Application of Acts and subordinate statutes to the pocket book, calculation table of occupancy profit, summary of the same industry, fact-finding certificate, real estate contract, content certification (including written answers), each recording recording, each fact-finding confirmation, each fact-finding document, and account transaction details;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The defendant's assertion and judgment as to Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes
1. The defendant's summary of the argument.