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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 13, 2008, the Defendant leased D-ground Housing Building KRW 30,000,000 from the victim C with the leased deposit, etc. Around June 27, 2008, the Defendant borrowed KRW 15,000,000 from the Co., Ltd., Ltd., and transferred the right to refund the above lease deposit to the said company as security.
After that, on February 4, 2013, the Defendant received KRW 29,672,520,520, including the sum of KRW 3,000,000, KRW 26,672,520, and KRW 26,672,520 from the victim on February 4, 2013, and KRW 29,672,52,520 from the victim on March 10, 2014.
Summary of Evidence
1. The defendant's statement on the fourth trial date in court;
1. Statement to C by the police;
1. G certification;
1. A real estate lease contract;
1. Each receipt; and
1. Notice of assignment of claims;
1. Certificates of deposit transactions;
1. Standard contract for loan transaction;
1. The loan certificate;
1. Application of Acts and subordinate statutes of mediation protocol;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Punishment of Crimes] : The type 1 of general fraud committed by fraud group - The elements for mitigation of the amount of profit (special person who is less than 100,000,000 won] - The area of mitigation of punishment [the scope of territory and recommendation] - The area of mitigation of punishment [the area and scope of punishment] - The area of mitigation of imprisonment for not more than one year [the general person] - there is no past record of criminal punishment [the decision of sentence] 2 years of suspended execution of April - The above sentencing person and