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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant stated that the victim B may gain a profit of KRW 20 million by conducting a tree funeral if only KRW 40 million exists from KRW 30 million to KRW 30 million, and that he was able to obtain a victim’s recovery, and subsequently, he received money from the victim as a down payment for pine trees.
On May 15, 2012, around 15:00, the Defendant stated that “In Taecheon-si, I may live together with the victim before the D office located in Gangseo-si C, which means, “Igk-si, Igk-si, but can live with KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”
However, the defendant did not have any intention or ability to purchase pine trees even if he receives a down payment from the victim because he did not agree to purchase pine trees with the owner or manager.
The Defendant, by deceiving the victim as above, obtained the physical card and password under the victim’s name from the victim’s seat, i.e., obtained it from the victim’s seat, and then inserted the said physical card in cash withdrawal at the cash withdrawal at the 16:00 Gangnam Military Cooperative branch in the name of the victim, and transferred KRW 15 million to the post office account in the name of F used by the Defendant from the agricultural bank account in the name of the victim to the 15 million won.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B and G;
1. Application of Acts and subordinate statutes to the details of transactions of passbooks, investigation reports (H currency), investigation reports (H currency) Acts and subordinate statutes;
1. The reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the same Act regarding criminal facts are as follows: (a) the Defendant committed another crime during the period of probation due to the same kind of crime; (b) and (c) even though the amount of damage is not much specified, the Defendant has to recover the damage of the victim until then.