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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 2016, the Defendant made a false statement to the victim D, “When investing KRW 20 million in the E bank, the Defendant would be able to receive interest rate of 10% per annum from the E bank.”
However, the defendant did not deal with the goods of the E bank and did not have any intent or ability to invest the money from the damaged person for personal purposes, such as living expenses, in the E bank goods.
On November 11, 2016, the Defendant was issued a passbook with KRW 20 million deposited from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Details of deposit transactions and application of Acts and subordinate statutes related to the deed;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;