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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal record] On July 26, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor due to the charge of forging official documents at the Suwon prison on July 26, 2013, and the parole period expired on May 25, 2014 during the execution of the sentence.
[2] The Defendant is a person who holds approximately 20% of the shares of a party with respect to the right to operate a place of massage treatment in Suwon-si B, Suwon-si, and operates the place of massage treatment.
On May 8, 2015, the Defendant changed the name of the injured party D, who is an employee of the said C massage treatment place to be a massage operator, to the name of the injured party, the Defendant would be able to pay KRW 5 million per month in return for the change to the name of the injured party.
If the holder of a title fails to meet the conditions, he/she shall promptly return the KRW 14 million.
“.....”
However, the Defendant, at the time, disposed of the assets held by the Defendant at the time and used them at a casino with money borrowed from those surrounding people other than the victim, and the share in the business of the place of massage practice held by the Defendant was disposed of to a third party, not the victim, and then was thought to be used in the casino. Thus, even if the said money was received from the victim, there was no intention or ability to change the name of the business operator of the place of massage practice to the victim or to pay the money received from the victim.
Ultimately, the Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on May 8, 2015 in return for the change of the name of the place of the massage practice, and acquired KRW 28,31,500 through 13 times from the above day to March 9, 2016, such as the list of crimes in the attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to D;
1. Complaint;
1. Judgment.