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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 11, 2014, the Defendant made a false statement to the victim E and the victim F, who had been operated by the Defendant in the U.S., U.S., Cheongju-gu, U.S., the Defendant made a false statement to the following: (a) “The Defendant has a patent right, such as G, and made a patent, and sold the patent; and (b) if the Defendant sold the patent, he/she may make and sell the patent; (c) when investing money, he/she manufactures and sells it, and pays 200,000 won in return the principal until the end of February 2015.”
However, at the time of November 2014, the Defendant did not have a legitimate right to G, etc., and at the time of the application for the construction of D’s building and real estate site as security, there was no capital in addition to the loans applied for as well as the investments from the victims, due to the financial situation of the company, and there was no intention or ability to pay the profits of KRW 2 million per month or return the principal within the due date as agreed to the victims.
As above, the Defendant: (a) informed the victims; (b) delivered KRW 30 million to the corporate account of the victim E on the same day; and (c) KRW 35 million to the corporate account of the victim I on December 5 of the same year; and (d) delivered KRW 8 million to the corporate account of the victim F on the same day; and (b) delivered KRW 27 million to the corporate account of the victim from November 20, 2014 to January 26, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each police statement made to E and F;
1. A copy of each complaint, letter of consent to provide security, letter of delegation for filling in blank, statement of ordinary deposits, and copy of each passbook;
1. Application of Acts and subordinate statutes to an investigation report (investigation into telephone conversations between a witness and his/her J), an investigation report (investigation into relevant investigations, such asG patentees), an investigation report (Investigation into telephone conversations with a net K spouse);
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;