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A defendant shall be punished by imprisonment for not more than ten months.
except that 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
On June 6, 2009, the Defendant made a false statement to the victim B by telephone, stating that “The Defendant becomes a C-building management service provider and changed KRW 100 million, which reduces the right to operate a self-board machine within C-building.”
However, at that time, the Defendant did not comply with the open bid of the CA building management service company, and even if having received the above money as a person with bad credit standing, the Defendant did not have the intent or ability to grant the right to operate the CA, even if having received the said money, because it was planned to use the money for repayment of personal debt.
Around June 24, 2009, the Defendant, by deceiving the victim as above, received 6 million won from the victim to the bank account in the name of Dong-in, Dong-in around June 24, 2009, and acquired 18 billion won in total from the victim over 18 times as shown in the crime list from around that time to November 28 of the same year.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning prosecutorial statement B;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;
1. Article 62 (1) of the Criminal Act;