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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant around May 2009 is the victim B at the mutual infinite coffee shop located in Samsung-dong, Gangnam-gu, Seoul.
C The expenses for the removal of existing houses during the Busan Jin-gu Do apartment construction, which was contracted in C, are changed. If the subcontractor is not selected, the amount received in the cost will be refunded.
However, the defendant was not the chairperson of C, and even if he received money from the victim for the expenses for the selection of the subcontractor for the removal work, the victim's operating company was selected as the subcontractor for the removal work site, or there was no intention or ability to return the money received from the victim.
Around May 23, 2009, the Defendant, by deceiving the victim, received KRW 500,000 from the victim by means of account transfer on or around May 23, 2009, and received KRW 14,400,000 from around that time to January 16, 2010 as shown in the List of Crimes (1) in total as shown in attached Table (1) from around 40 times.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness B;
1. Application of Acts and subordinate statutes, such as details of deposit and withdrawal transactions and details of bank transfer transactions;
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Criminal Act for the sentencing of the Defendant’s reasons for sentencing reflects his/her mistake, and the Defendant also paid KRW 3 million to the victim for the recovery of damage.
However, the Defendant had been sentenced to a suspended sentence of two-year imprisonment for a period of one year for fraud in 2004 and for a period of ten years for fraud in 2006. The instant crime was committed by the Defendant actively deceiving the victim, and the nature of the crime was poor in light of the method of the crime, the victim wanted to punish the victim, and the victim did not recover from the damage.