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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 2, 2017, the Defendant called “B” called to “B, by acquiring a food store operating right at the night market held in a normal window, and selling this right and investing 50% of the investment amount to profit within two months.”
However, in fact, the Defendant did not have the intent or ability to acquire the right to operate food stores in the Pyeongtaek-si Market, and was liable to pay approximately KRW 200 million to the branch persons at the time, and thus, the Defendant borrowed money from other parties to make a change in this process. Therefore, even if receiving the money from the injured party, the Defendant did not have the intent or ability to pay the benefit to the victim.
Nevertheless, the Defendant, as seen above, made a false statement to B, sent B to the victim C, who is one’s head, and the Defendant knowingly received KRW 12 million from the victim via B’s account in the name of the Defendant via B via B’s account with the knowledge of the aforementioned circumstances on December 15, 2017.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to the detailed statement of deposit transactions and the details of deposit and withdrawal transactions;
1. The punishment shall be determined by comprehensively taking into account all the circumstances indicated in the record, including the reasons for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the selective criminal punishment for the crime.
Conditions unfavorable to the confession: Recovery of injury;