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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On September 21, 2012, the Defendant was sentenced to a suspended sentence of one year and two years of imprisonment for fraud at the Seoul Central District Court on September 21, 2012, and the judgment became final and conclusive on September 29, 2012.
【Criminal Facts】
(State)The defendant was the representative director of C.
On June 2010, the Defendant made a false statement to the victim E in the office of the Dispute Resolution Co., Ltd. in Gangnam-gu, Seoul, that “The Defendant would make payment by adding 20-30% interest to the principal and interest of 20-30% as well as to the principal and interest of 20-30% on a month, if it is invested in the land. If it is possible to make a false statement to the land.”
However, at the time, the defendant was individually liable for a debt of KRW 269 million, and the defendant was in excess of his/her assets, and even if he/she was paid money from the victim because the management status of the Dispute Resolution Co., Ltd. is not good, even if he/she was paid money from the victim, he/she is merely considered to be used as the employees' benefits and expenses for the operation of the company, which have been pushed down, and there was no intention or ability to pay profits by purchasing and selling the land in light of the light, and there was no intention or ability to pay the principal and interest as above at the time of the victim.
Nevertheless, on June 3, 2010, the Defendant: (a) by deceiving the victim; (b) transferred KRW 30 million to a new bank account (F) with the Defendant’s name; (c) KRW 10 million around June 15, 2010; (d) KRW 60 million around June 18, 2010; and (e) received KRW 15 million in total on or around July 21, 2010; and (c) received KRW 15 million in transfer on or around July 21, 2010.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of witness E;
1. Some statements made to the defendant in the first, third, and fourth suspect examination protocol (including cross-examination) of the police;
1. Some statements in the police statement of E;
1. An authentic copy of a notarial deed;