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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 29, 2007, the defendant was sentenced to one year and six months of the suspended sentence to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Central District Court, and the judgment was finalized on December 7, 2007. On December 29, 201, the Seoul High Court sentenced one year of the suspended sentence to one year of imprisonment, two years of the suspended sentence to one year of the suspended sentence, and two years of the suspended sentence to one year and six months of the imprisonment for fraud.
On March 2006, the Defendant issued a large amount of money to the victim C (hereinafter “D”) on the list of the victim C (hereinafter “D”), and recommended the listing to gather the amount of KRW 5 billion in capital increase. On July 31, 2006, the Defendant stated that “The amount of KRW 2 billion out of KRW 5 billion in capital increase is not prepared for the victim at the office D office of Jongno-gu Seoul E-building 1419, Seoul, and that “The amount of KRW 5 billion in capital increase is necessary for preparation of KRW 2 billion, but the cash of KRW 500 million is required first if the Defendant knew of the person who intends to invest KRW 3 billion in the existing E-building.” If the Defendant borrowed KRW 500,000,000,000 in capital, it would show to the investors immediately return it.”
However, at the time, the defendant did not have the ability to prepare the capital increase of 5 billion won, and even if he borrowed 500 million won from the victim, he did not have the intention or ability to return it.
As above, the Defendant, by deceiving the victim as above, received KRW 500 million from the victim immediately in the same place, and acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement by the prosecution against C;
1. Previous convictions in judgment: Criminal records, investigation reports (report attached to related cases), and application of Acts and subordinate statutes governing records of cases by suspect;
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning criminal facts: Provided, That the upper limit of punishment shall be the Gu.