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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
The Defendant, around November 2012, who was operated by C, recruited investors to make investments in the “E” livestock product processing company located in the Jung-gu Daejeon, Daejeon. On November 30, 2012, the Defendant stated that “F office located in Daejeon, Jung-gu, Daejeon, would make every month interest and return the principal at any time if the Defendant had talked about only one week prior to the investment of KRW 100 million in E.”
The Defendant, in advance, did not have been promised by C to pay interest on KRW 100 million each month to a person who makes an investment in KRW 100 million and return the principal at any time if he talks only one week prior to the occurrence of financial difficulties at the time, and C was a person with bad credit standing at the time, and was unable to meet the above investment conditions, but did not have been able to fulfill the above investment conditions. As such, by deceiving the victim, the Defendant acquired financial benefits equivalent to KRW 100 million by inducing C to transfer the victim’s investment in the agricultural passbook under the name of H, the son’s son, to the head of the Tong in the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement concerning G;
1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (2) of the Election of Imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (not including three times a fine) [the scope of recommending punishment] The punishment is considered as follows: fraud crime group, general fraud (type 2), special mitigation area, imprisonment with prison labor for 5 months to 2 months (decision of sentence]; imprisonment for 8 months; imprisonment with labor for 2 years from 5 months to 2 years from 3 months; damage recovery, penalty not being imposed; serious reflectness, etc.