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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 2, 2012, the Defendant had a telephone conversation with the victim B, who was a pet in Australia cansber, around October 2, 2012, to Switzerland, and “I are working for the securities company in Australia, as the fund manager, and is receiving a lot of annual salary.”
There is a fund related to the development of Australia mine that is managed with managers of the Dong Fee Fund, and if it invests 40 million won, it can receive approximately KRW 100 million including the principal, with the maturity of January 2014, which is one year after the investment of 10 million.
“.......”
However, in fact, the Defendant was not a fund manager of M&S securities company, and even if he received money from the injured party, he did not have the intent or ability to reduce investment profits.
Defendant deceiving the victim as above, and acquired 10,00,000 won on October 14, 2012, 200,000 won on October 26, 2012, 3,50,500,000 won on November 6, 2012, 30,000 won on November 1, 2013, 10,000, 30.30,000 won on March 27, 200, 200, 30.30,00 won on November 20, 200, 30,000 won on March 13, 200, 200, 30.3,00 won on November 27, 2012, 200, 30,000 won on December 29, 2012; and
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] the reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendations] the mitigated area (10 million won or less) / [1 month or year from 1 to 1 year] the punishment is not imposed or considerable damage is recovered (the decision of sentencing] the Defendant acquired money through the use of personal trust relationship with the victim during a considerable period of time is the method of crime, the contents of deception, and the contents of deception.