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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 1, 2008, the Defendant against B, who was engaged in distribution business, such as miscellaneous, clothing, and calc, through Internet shopping mall, concluded that “The Defendant’s fraud against B, in the health club office operated by the victims C victim B of Daegu-gu, Daegu-gu, Seoul-gu, that “The Defendant would pay the funds for the funeral service without any limit on the last day of the following month.”
However, at that time, the Defendant was liable to pay the amount of KRW 10,000,000 for a month in which the interest on the obligation was paid, and there was no special income, so there was no intention or ability to pay the amount even if he borrowed the amount from the injured party.
Nevertheless, the Defendant at the end of the foregoing false statement and was transferred to each Defendant’s bank account in the name of each Defendant, the sum of KRW 2,90,000,000 to KRW 12 million as above, KRW 4 million as the same name around the 18th day of the same month, KRW 8 million around the 19th day of the same month, KRW 4.83,00 on the same name as around the 21st day of the same month, and KRW 29,030,000 on the same name as around the 22th day of the
2. On January 8, 2008, the Defendant against D’s fraud made a false call to the victim D and made a false call to “On the face of a week, the cost of home delivery at the request of the Defendant made a lump sum deposit at the end of the month, and the cost of home delivery at the request of the Defendant.”
In fact, at that time, the Defendant was liable to pay the amount of KRW 10 million for a month in which the interest was paid, and there was no particular income, so there was no intention or ability to pay the transportation cost even if the Defendant transported the vehicle by sea.
Nevertheless, the Defendant did not pay the sum of KRW 5,476,00,00 for the cost of door-to-door transport services even though he was provided by the injured party with door-to-door transport services from around that time to February 28, 2008.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each police statement made with respect to B or D;
1. Application of Acts and subordinate statutes to a report on investigation (B findings);
1. Relevant provisions of the Act concerning facts constituting an offense;