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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
Around June 4, 2018, the Defendant reported the "C" office of the Defendant's operation in Gangseo-gu Busan, Busan, and reported the D Job Offer advertisement to the victim E who was found to be D's advertisement. "We are well doing business, such as selling a large number of clothes in Home shopping, and make an investment in the land as well as jointly owning two billion won in the land. It is difficult to say that the company sells women's clothes at home shopping, and makes a direct transaction with F, G, and is trying to expand the customer. It is also necessary for those who will be in charge of the existing business, to expand the supply of goods to F and G, and to expand the supply of goods from the deposit amount of KRW 10 million,000,000,000 in the face of the pre-existing business, and to manage the customers of the region in Chang Chang and Seo-gu, while serving in two weeks a week, the benefits should be paid to the customers of the pre-existing business by including the 4 million won in terms of interest on the deposit money."
However, the Defendant did not own the land equivalent to 2 billion won, and did not have any intent or ability to return the deposit money even if the Defendant received money from the victim as the deposit money, such as setting up a direct transaction code with F, G, etc. and not selling clothing.
As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the same day deposit money, and acquired the same amount by defrauded.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a contract or a loan certificate;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the fraud crime.