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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
At the request of the case in 2013, the defendant had been aware of the victim B who had worked in a certified judicial scrivener office, and tried to acquire money from the damaged person by means of crypting that he had exchanged and friendlyly exchanged with each other.
On June 5, 2015, the Defendant made a false statement to the victim that “The Defendant may make high profits if he/she rents the 4th floor of the building in Yongsan-gu Seoul Metropolitan Government after renting the 4th floor of the D building in Suwon-gu, Suwon-si. It would pay high interest from the profits.”
However, the 4th floor of the above D building was a collective building divided into 80 units, and it was impossible to lease the 4th floor to the entire 4th floor due to the registration of ownership transfer, the lawsuit related to the sales contract, and the public auction due to the failure of the majority of equity holders to perform the obligations, and it was impossible to generate profits due to the lease, and the above D building lease was merely an incentive for receiving money from the damaged party, and there was no intention or ability to pay interest to the victim.
Nevertheless, on June 6, 2015, the Defendant: (a) received KRW 5 million from the victim’s victim’s false statement; (b) received money from the Defendant’s agricultural head of the Tong under the name of the Defendant; and (c) received KRW 100 million in total from the victim on five occasions from August 10, 2015, as shown in the list of crimes in the attached Table from August 10, 2015; or (d) received the check from the victim as the passbook under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant in each suspect interrogation protocol made on April 22, 2016, May 27, 2016, and December 27, 2016, by the police over the defendant;
1. Statement No. B in the suspect interrogation protocol against the defendant on May 27, 2016
1. Statement made by the prosecutor with respect to B;
1. B.