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A defendant shall be punished by imprisonment for one year.
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
On February 6, 2006, the Defendant, as the representative of the Cmedical Corporation, entered into a contract with the victim E to transfer the said legal entity at the D Attorney-at-law office in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, to the victim E.
However, on January 18, 2006, the fact is that the procedure for the cancellation of the permission is in progress, such as holding a hearing to cancel the permission of the above corporation in the Department of Health and Welfare, which has jurisdiction over the location of the above corporation, and the decision to cancel the permission cannot be made unless there is any change in circumstances, so the victim knew that he would not accept the above corporation if he becomes aware of the cancellation of the permission of the above corporation, and thus, he did not notify the victim of the cancellation of the permission
As above, the Defendant, by deceiving the victim as above, received from the victim the sum of KRW 5 million as the down payment, around February 6, 2006, KRW 15 million as the intermediate payment, around February 9, 2006, and KRW 20 million as of March 13, 2006.
Summary of Evidence
1. Defendant's legal statement;
1. Part concerning the statement of F and E in the prosecutorial examination protocol against the defendant
1. Statement of the police statement of E;
1. Informing a medical corporation of an investigation report (data about a request for administrative appeal by the C Medical Foundation), and the cancellation of permission;
1. A copy of the land register, a medical corporation register, a copy of the register of land register, a detailed statement of transactions of self-reliance deposits, a copy of the agreement, a copy of the receipt, a copy of the deposit certificate
1. Relevant Articles of criminal facts: Article 347 (1) of the Criminal Act;
1. Suspension of execution shall be decided as per the disposition for not less than Article 62 (1) of the Criminal Act (i.e., the agreement with the victim and the reflection of mistake);