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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 10, 2016, the Defendant held 150 million won against the victim D in the mutual influence in front of Yongsan-gu Seoul, Yongsan-gu, Seoul.
In excess, “E” made an investment of 400 million won in an international financial product of Red Congo “E”, the principal may be recovered when receiving dividends of 30% of the monthly investment amount for a period of ten months from the 12th to the 10th month, and the Defendant made a false statement to the effect that if 250 million won is more than 150 million won, the sum of the said money shall be 40 million won in the Red Congo corporation, and then the said amount shall be divided.
On June 3, 2016, the Defendant received 500 million won from the damaged person under the pretext of investment in Daedong real estate without regard to the investment funds made by the above Hong bean corporation, and on June 7, 2016, 200 million won was arbitrarily given to the Defendant’s wife.
The reason why Turkey received 200 million won from the injured party for investment in the Red bean corporation was that it would be 150 million won, and the injured party was 150 million won or less, which was paid from the injured party as the investment in the real estate of the Red bean, and there was no intention or ability to invest 400 million won in the Red bean corporation.
The Defendant, as such, by deceiving the victim, received KRW 245 million from the damaged party under the name of the Defendant, under the name of the Nonghyup Bank (F) in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made in D in a protocol concerning the examination of the police officers against the accused;
1. Statement made by the police against D;
1. A report on investigation (or G telephone call from a witness);
1. A criminal investigation report (specific details of account transactions of a suspect related to this case and confirmation of facts);
1. Application of statutes on financial transaction details;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Order of community service;