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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 2012, the Defendant rendered a false statement to the victim E, a stock company operated by the victim D (35 years of age) located in the Young-gu, Young-si, G adviser, HI director, etc. on the part of the Defendant, that “the Defendant is entitled to the right to operate a cafeteria at the premises of the Incheon Songdo G construction site, the second new city construction site, and the Seoul Man District Construction site. (b) If the Defendant pays KRW 25 million as the promotion cost, the Defendant would receive the right to operate the cafeteria at the premises of the construction site.”
However, the defendant did not have the intention or ability to receive the right to operate the cafeteria at the construction site.
The Defendant received from the victim the remittance of KRW 10 million from April 3, 2012 to the new bank passbook (K) in the name of the Defendant’s wife.
As a result, the suspect was issued a total of 25 million won by deceiving the victim four times.
Summary of Evidence
1. Defendant's legal statement;
1. Part concerning D statements made to the prosecution of the defendant in the suspect examination protocol;
1. Application of Acts and subordinate statutes to recording records, remittance statements, borrowing certificates;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the instant crime takes the form of investment fraud, however, considering the fact that part of the amount of damage has been repaid, the Defendant has no same criminal records, and the Defendant has recognized the criminal facts, the punishment shall be determined, and community service shall be ordered in consideration of the contents of the crime.
It is so decided as per Disposition for the above reasons.