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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Majority Opinion] On September 2, 2016, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on September 22, 2016, and the judgment became final and conclusive on September 23, 2016.
[2] On August 7, 2014, the Defendant, at the real estate office operated by the Defendant in Sejong City, entered into an agreement with the victim D, stating that “The Executive Director A” in the real estate office operated by the Defendant in Sejong City as “E (ju), was partially KRW 300,000,000, out of three hundred and thirty (30,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00).
However, in fact, the defendant did not have the head of the E-type branch and received investment from the injured party, but has no intention or ability to pay high-income dividends or return the principal of the investment to the injured party, even if he received investment from the injured party under the pretext of securing priority for sale in the land in the third class city of the E-type.
Nevertheless, the Defendant deceiving the victim as above and transferred the sum of KRW 200 million around August 8, 2014, and KRW 100 million around August 14, 2014 to the deposit account in the name of the Defendant bank in the name of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Before the judgment of the police statement in relation to D, submission of the written statement by the complainants (Agreement on Investment) and submission of the written statement by the complainants (detailed statement of transaction): A reply to inquiry, such as criminal history, investigation report (Attachment to the current status of acceptance by individuals), and investigation report (Attachment to A written judgment by