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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. In fact, the Defendant leased a part of the area within the “D” operated by the victim C in Yongcheon-si, the Defendant became aware of the F, a shape of the victim E and C, a mother of the said C and C, while operating a sngly selling store.
2. Criminal facts;
A. On June 2014, the Defendant, from “D” located in Youngcheon-si, Youngcheon-si B, the victim E runs the business of opening a store by multiplying the Friman F by this, and is also in need of money.
저도 F에게 돈을 빌려 주었는데 여윳돈이 있으면 돈을 빌려 주는 것이 나을 것 같습니다,
If you lend money directly to the F, the F may not pay the money to the F, so if you send money to a low account, I would like to lend money to F.
“.........”
However, the Defendant transferred only part of the money that he received from the injured party to F, and the remaining money was used for his own living expenses, etc.
As such, the Defendant, by deceiving the victim, received the money of KRW 30 million from the victim on July 14, 2014 from the victim and acquired it by deceiving the victim.
B. At the same place as in July 25, 2014, the Defendant, at the same time as in the preceding paragraph, may not pay the victim C with money if he/she lends money to the victim C.
“.........”
However, the Defendant transferred only part of the money that he received from the injured party to F, and the remaining money was used for his own living expenses, etc.
As such, the Defendant, by deceiving the victim, received money of KRW 33 million from the victim on the same day, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each Act or subordinate statute stating the statement about E, C, and F to the accused in the protocol of interrogation of the suspect to the prosecution;
1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and