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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Fraud (2014dan175) around 2009, the Defendant made a false statement to the effect that, at the E hotel coffee shop in Seocho-gu Seoul Metropolitan Government, the victim F, “F,” had a experience in working in the unification bridge and rigegegegeles, and is in a relationship with the founder of the nuclear power college, and is currently the representative director of the GG in charge of the dispute resolution. The Defendant may exercise influence on the foundation of several universities because he/she has a relationship with the founder of the nuclear power university. The Defendant made a false statement to the effect that, in the form of donation, he/she deposits money in the form of donation, he/she would transfer the children of the political party attending the Khowon University or the Yege Art University.
However, in fact, the Defendant did not know at all the persons related to the establishment of the said Howon University or the White Arts University and did not have the ability to exercise influence over the said Foundation. Therefore, even if the Defendant received money from the victim as a donation, the said H did not have any intent or ability to incorporate the said H into the said Howon University or the White Arts University.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim on May 6, 2010 and KRW 10 million on October 11, 2010 from the victim, respectively, to the account in the name of G.
Accordingly, the Defendant, by deceiving the victim F, obtained 30 million won from the victim F and acquired it by fraud.
2. On October 2, 2008, the Defendant was sentenced to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch of the Busan District Court on October 2, 2008, and on December 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime at the Busan District Court.
On July 26, 2014, at around 22:40, the Defendant driven an I Benz car in the state of alcohol with approximately 1.5km alcohol concentration of about 0.123% from the section of approximately 1.5km from the Seo-gu Seoul Metropolitan City to the front road of the Songwon-dong, Nam-dong, Nam-gu, Seoul Metropolitan City.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness F, J and K;
1. Part of the prosecutor's protocol of interrogation of the accused.