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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 2009, the Defendant stated that “A victim C was working as a director for the purchase of D Kimchi Factory, prepared to supply a 5 ton truck 600 tons truck to the kimchi factory, and entered into a contract for exporting a 120 ton truck of 5 to 120 to a large scale of 5 ton truck in large scale, and there is no money to purchase. Accordingly, the Defendant would be responsible for making an investment and export a half of profit by exporting a 120 to a large scale of 5 ton truck.”
However, the defendant did not have the intent or ability to export without compensation even if he received an investment from the victim and pay half of the profit.
The Defendant, as such, by deceiving the victim, wired the victim to the account in the name of the Defendant’s wife E around August 6, 2009, KRW 20 million, and KRW 10 million around July of the same month, respectively. On September 20, 2009, the Defendant received KRW 6 million in cash from the victim and acquired KRW 36 million in total.
Summary of Evidence
1. Partial statements of each police interrogation protocol against the accused;
1. Statement to C by the police;
1. The application of each investigation report (F and telephone conversations that received KRW 26 million on August 8, 2009 on deposit, and telephone conversations with persons from reference to suspect's assertion, and the payment of KRW 20 million on August 7, 2009 to G and telephone conversations that received KRW 26 million on deposit).
1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;
1. The scope of the recommended sentence on the sentencing criteria (the determination of types of fraud) which is less than KRW 100 million (the determination of the recommended area) basic area [the scope of the recommended area] shall be sentenced to imprisonment for six months from six months to one year and six months;
2. Determination of sentence: Six months of imprisonment; and