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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On February 2, 2005, the Defendant made a false statement to the victim E, “A person who knows within the Republic of Korea exercises the events of the Cheongcheon Restoration Project. A person may receive electrical construction if he/she lends only KRW 100,000,000 for pre-work expenses and expenses, and will pay 2-5 times the principal within one year.”
However, in fact, the Defendant agreed to receive an order of electrical construction on the condition of investing KRW 600 million in G, the representative director of the event in the event of the Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Urban Complex Reconstruction Project, not the Cheongcheon Restoration Corporation, but the Defendant agreed to receive an order of electrical construction on the condition of investing KRW 600 million in G, but it was not possible to receive an order of electrical construction only with KRW 100 million due to the failure to attract other investors than the victim.
The Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the Agricultural Cooperative Account (H) in the name of G around March 11, 2005, under the pretext of borrowing money from the victim.
Summary of Evidence
1. Part of the prosecution against the accused, and the protocol of interrogation of the police;
1. Entry of the accused in E and G of each protocol of examination of suspect into the prosecution by the prosecution;
1. Each statement of E and G in the police interrogation protocol No. 2 and 3 times against the accused;
1. Protocol concerning the examination of each police officer concerning G;
1. Statement of the police statement of E;
1. The application of the provisions of Acts and subordinate statutes to a complaint, a copy of the withdrawn statement, a criminal investigation report (related to suspect G seal imprint), a copy of the details of transactions by account, a copy of each letter of agreement
1. Determination as to the defendant's assertion of the relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act concerning the applicable criminal facts
1. The Defendant alleged that the Defendant would recover the principal within two months and give a contract for electrical construction, if the Defendant only KRW 100,000,000 is 10,000,000 for the implementation of F Main Complex (I) construction from G, and if the Defendant borrowed KRW 100,000,000,000 is able to proceed with construction work.