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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant: (a) tried to know the site of the power plant to know, without any particular knowledge, while hearing the speech that the Defendant may impose a large amount of money on the solar power plant business from each type B; and (b) asked the airline margin of forests and fields of two lots outside Boh City C to ask B about the feasibility of the business; and (c) received positive answers; and (d) raised the business fund in an unreasonable manner by encouraging it.
Around March 19, 2018, the Defendant found the victim E’s licensed real estate agent office located in Ulsan-gu, Ulsan-gu, Seoul-do, and asked the victim to the effect that “If 300 million won already entered in the business of solar power plants and 100 million won is more than 100 million won, the Defendant may smoothly proceed with the business. When lending money, the Defendant would complete payment of KRW 130 million including interest after six months. In relation to the F Association, the Defendant received KRW 100 million within one month, and asked the victim to inform him of the complete payment.”
However, in fact, in relation to the solar power plant business, the purchase price is KRW 360 million, but the defendant has no ability to prepare business funds, such as the purchase price and the construction funds of the power plant, and whether it is possible to obtain permission from Boh-si, it is extremely inappropriate to do so, and there was no possibility to repay the principal and interest for six months, and there was no claim of KRW 100,000,000,000,000,000 from
Accordingly, the defendant had the victim transfer KRW 100 million to the national bank account (G) of the defendant on the same day and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a copy of deposit certificate, receipt, and each investigation report;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: One month to ten years;
2. The scope of recommendations according to the sentencing criteria; and