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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 1, 2018, the Defendant stated that “The Defendant was engaged in business activities, such as purchase of sites for solar power generation business and construction of facilities, etc., in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, the Defendant would receive permission to engage in development activities within six months after the land contract, and then would pay the next profit.”
However, the defendant does not have any funds, and there is no intention or ability to pay the principal and profits to the victim because most of the funds are planned to be used for the personal purpose even if the funds are received from the victim.
The Defendant, by deceiving the victim as such, received KRW 70 million in total from the victim to the Agricultural Cooperative Account in the name of the Defendant, including KRW 5 million on March 13, 2018, KRW 150 million on March 15, 2018, KRW 25 million on March 21, 2018, and KRW 30 million on April 10, 2018.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Each police statement concerning B and D;
1. B accusation;
1. A fund investment contract, each transaction tax investigation, and details of entry and departure transactions;
1. Application of Acts and subordinate statutes to investigation reports (attached to details of deposits filed by suspects A for deposits);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is the fact that the defendant deceivings the victim and defrauds the amount equivalent to KRW 70 million, and the amount of defraudation is not much, and the victim suffered big damage due to the above crime, and eventually, the victim was closed down the company that the victim was seeking to operate, and the victim is wanting to punish the defendant.