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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 became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant was a plan to use the amount received from the victim as a cost of living, even if he did not have served as an audit of the distribution business division of C, and even if he received money from the victim, he did not have the intent or ability to store the victim in C.
Nevertheless, the Defendant, at around December 28, 2010, transferred KRW 3 million from the victim to the bank account in the name of F (F) managed by the Defendant on January 28, 2011, to the bank account in the name of F (CF) in the name of F (FF) managed by the Defendant, on the ground that “the Defendant is an auditor in the distribution business department of C. C Kim-gu in Seoul Yang-dong. The cost of KRW 25 million is required, but 3 million is changed as the down payment.”
Accordingly, the defendant was delivered 3 million won by deceiving the victim.
2. The Defendant did not have served as an auditor of the distribution business division C, and even if receiving money from the victim, the Defendant was planned to use the money that was actually received from the victim for the cost of living, even if he did not have the intent or ability to deliver the money to C by using it or raise the victim’s profits.
Nevertheless, around January 201, the Defendant, at the above E, made a false statement to the victim who was flive to customers, stating that “I will make an audit to the distribution business division of domestic C. I will make a request for KRW 5 million with the daily purchase to make the distribution profit by purchasing fruits. I will make a payment on the 20th day of each month. I will make a payment to the victim on the 20th day of each month.”
2. Around 17.17. Deposit received KRW 5 million from a bank account in the F’s name managed by the Defendant (agricultural Cooperatives, G).
In addition, around February 20, 201, the Defendant, at the same place as above, stated that “the Defendant does not pay the amount of money promised” from the victim, and the victim’s “the money is greater than the 20th day of each month from the following month if the money is added.”