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A defendant shall be punished by imprisonment for one year.
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
[criminal power] On September 7, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud in the Goyang Branch of the District Court of Jung-gu on September 7, 2012, and the said judgment became final and conclusive on December 7, 2012.
【Criminal Facts】
1. On March 4, 2009, the Defendant: “Around March 4, 2009, the Defendant changed the victim E’s KRW 30 million with the expenses for teaching materials and introduction to enable the victim E to operate the brin restaurant at the construction site of the military unit in Ganpo-si.”
However, the defendant did not have the intention or ability to have the victim operate the boom.
After all, the Defendant: (a) by deceiving the victim as such; (b) obtained 20 million won from the victim’s seat to the high-class account; and (c) obtained 10 million won in total from the same account on March 5, 2009 to the same account; and (d) obtained property benefits equivalent to 30 million won.
2. On June 25, 2009, at the place of Paragraph 1, the Defendant called “a request for the cost of teaching materials and introduction to enable the victim E to operate the F apartment 700 construction site located in the orchard-gu.”
However, the defendant did not have the intention or ability to have the victim operate the boom.
Ultimately, the Defendant: (a) by deceiving the victim as such; and (b) obtained a total of KRW 42 million from the victim’s seat to the high-class account; and (c) by receiving KRW 2 million from the same account around July 27, 2009 to the same account; and (d) acquired property benefits equivalent to KRW 42 million.
3. On November 11, 2010, the Defendant: (a) was aware of the fact that the victim received KRW 15 million from I as a down payment in the victim E and I while mediating the sale and purchase of the massage treatment establishment at the H treatment establishment on the 6th floor of the Bupyeong-gu Masan-gu G building in Ansan-gu in Gyeonggi-do; and (b) did not lend money to I; (c) however, the Defendant was provided with KRW 15 million from the victim.
Summary of Evidence
1. The defendant's partial statement 1.1.