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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From the “C” of the Defendant’s operation in Pyeongtaek-si B around July 6, 2013, the Defendant falsely stated that “No money is paid to the victim D to remove any article to be removed at present due to the cost of the denied cancer operation. To do so, if the Defendant invests KRW 20 million in the project for the removal of the building in Pyeongtaek-si High Zone, it may bring the removed article. On the other hand, the Defendant would pay KRW 26 million by adding the profits from the removal to the profits from the goods generated by the removal.”
However, even if the defendant received an investment of KRW 20 million from the victim, he/she had the intent to use the money for the repayment of the debt, and the defendant did not have the intent or ability to repay the debt to the victim by proceeding the removal of the building within the Bupyeong-gu High Zone.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received 20 million won from the victim to the E company bank account on the same day, and acquired it by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes of the same contract;
1. The scope of recommending sentencing guidelines for sentencing under Article 347 (1) of the Criminal Act of the corresponding statutory provisions for criminal facts: The consideration of all the circumstances, including the fact that he/she, in a planned manner, induced the victim in the basic area (from June to June) of the first category (less than KRW 100 million) of the general fraud;