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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around July 2009, the Defendant: (a) at a mutually infinite fishing place located in Silung-si, Silung-si, the Defendant: (b) “The Defendant, through a certified judicial scrivener who knows in the Republic of Korea, invested the amount of money to be awarded at a successful bid of c apartment 401, the remainder will be paid on behalf of the Defendant, if he/she invests in the money to the extent that he/she is going to go in the auction,” and (c) from the victim on August 25, 2009, he/she was transferred 3.6 million won to the account of a national bank in the name of the Defendant for the price of the apartment auction; and
9.4. Receipt of remittance of four million won in the same manner;
After that, the defendant, around March 17, 2010, transferred 3.2 million won from the victim to the above account on March 29, 2010, to the victim in Ansan-si Diplomatic Leave, "the defendant changed the ownership of the building E, 103 201, Dong-gu, Suwon-si, Suwon-si, where a certified judicial scrivener was unable to have been awarded the above apartment, and his wife lives in the Republic of Korea."
On July 14, 2010, the Defendant continued to pay the victim 10.8 million won to a certified judicial scrivener on behalf of his/her leader. The Defendant was transferred from the victim to the said account on July 14, 2010.
However, even if the defendant received money from the victim as the price for the successful bid of the above apartment, the defendant did not have the intention or ability to transfer the ownership by winning the above apartment for the victim, and there was no money from the certified judicial scrivener to receive the successful bid of the apartment.
Accordingly, the defendant deceivings the victim and 2.8 million won in total.
Summary of Evidence
1. Statement of the police statement concerning B made in part of the police investigation protocol concerning the defendant;
1. Application of Acts and subordinate statutes to certificates of confirmation forwarded by the complainant to the suspect;
1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of imprisonment with prison labor, and the background of the instant crime.