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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant is committed to operate a rest with the victim B and adult amusement room.
On January 1, 2018, the Defendant, within the “D party room” located in Yong-gun C, Nam-gun, Nam-gun, Nam-gun, the Defendant, within the “D party room” located in the “D party room” grouping in Yong-gun, would purchase 40 times in Seoul by bearing the remainder of the 40 million won to the lender, in order to operate a adult entertainment room.
The phrase “ makes a false statement.”
However, even if the defendant received 20 million won from the injured party, he did not have the intention or ability to purchase 40 times amusement machines.
Nevertheless, on January 8, 2018, the Defendant received from the injured party a delivery of KRW 20 million from the Defendant’s account under the name of the F Bank (G) in the name of the E F Bank (G) in consideration of the purchase price for entertainment period.
Accordingly, the defendant was delivered property by deceiving the victim B.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of statutes governing the certificate of request for remittance;
1. Relevant legal provisions of the Criminal Act and Article 347 (1) of the Criminal Act regarding the crime, the selection of punishment by imprisonment ( Consideration of the nature of the crime, the method of deception, the degree of damage, etc.);
1. It is so decided as per Disposition for the reason that Article 62 (1) (including the agreement with the victim) of the Criminal Act is not less than 62 (1).