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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 21, 2015, the Defendant was sentenced to six months of imprisonment for violation of road traffic law (drinking driving), etc. in the Gwangju District Court's Netcheon Branch on October 21, 2015, and the said judgment became final and conclusive on January 15, 2016.
As the Defendant came to know in C and C, the Defendant introduced the victim as if he had an investment vehicle in the punishment business through the victim D’s friendship, and conspired to receive KRW 50 million from the victim.
C In the “F” restaurant located in Hacheon-si, Hacheon-si, Hacheon-si, on October 2014, if the victim makes an investment of KRW 50 million in purchasing leb trees, etc. in the entire Tran-gun G forest from Ha, and purchasing leb trees, etc. in the past Tran-gun G G from Ha, it will pay KRW 10 million per month as the revenue.
“Around November 7, 2014, the Defendant prepared a trading contract and a written performance note thereof and transmitted it to the victim’s mobile phone.
However, in fact, the Defendant and C did not have concluded a sales contract with the above H, and there was no place of the business. The sales contract is merely prepared by the Defendants in the name of the mother of Defendant A in order to receive investments from the victimized party. Since there was no other contract, there was no intention or ability to pay the principal and the profits therefrom even if they received investments from the victimized party.
Nevertheless, on November 7, 2014, the Defendant and C obtained a false statement from the injured party, and obtained a delivery of KRW 30 million,00,000,000,000 to the Agricultural Cooperative Account in the name of J around the 10th day of the same month, and KRW 15,00,000,000 to the same account in the name of J around the 11th day of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect by the prosecution against C or K;
1. A protocol concerning the examination of a suspect by the police against the defendant or C (four times and an examination of the suspect);
1. Statement made by the police against D or L;
1. Investigative Report (Submission of DNA evidence - Sales Contracts and their photographs;