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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 15, 2011, the Defendant heard the horses from the victim E to the D office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, that “I will make it possible for the Hyundai Motor Agent to pay the entertainment expenses if I would like to pay the entertainment expenses if I would know the three directors of the modern Motor Vehicle.”
However, in fact, the defendant is not the birth relationship of the former Prime Minister, but the private relationship is not even a member of G Council, and the director of the modern automobile is not aware of it, and there was no intention or ability to deliver the modern automobile agent to the victim.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim as entertainment expenses, in cash, KRW 7 million from June 20, 201, KRW 15 million from June 24, 201, KRW 3 million from June 25, 201, and KRW 3 million from July 25, 201, and KRW 3 million from August 10, 201 to the account.
Accordingly, the Defendant acquired a total of KRW 33 million from the victim on five occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Answers on copies of cashier's checks and on account of national banks;
1. Details of letters E and H;
1. Application of Acts and subordinate statutes to investigation reports (to make international telephone conversations for witnesses);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that the defendant deceptions the victim to acquire money, the fact that the defendant recognizes the fact of crime, the fact that there is no record of crime above the same kind and suspended execution, the fact that the defendant has agreed with the victim, the age, character, conduct, intelligence and environment of the defendant, relationship to the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc. under each subparagraph of Article 51 of the Criminal Act;