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A defendant shall be punished by imprisonment for one year.
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
The defendant, in collusion with C, at the F Licensed Real Estate Agent Office operated by the victim E in early April 2005, the defendant stated that "at least 500 million won of the company's shares will be paid to the victim if the victim "at least 36 million won a monthly profit is made by G operated by us, and the total sales right of fertilizers to be imported in Japan is transferred to Korea and is transferred to Han Farming Co., Ltd." The defendant would be entitled to receive at least 500 million won of the company's shares if he/she invests KRW 140 million as it is necessary to import the Sea Sea Sea, 14% of the company's shares will be paid, and interest of KRW 6 million a month shall be paid, and the loan amount of KRW 100 million shall be repaid up to 50 million a year, and the remainder of KRW 40 million shall be repaid up to October 27, 2005."
However, G has no intention or ability to return even if it receives investment money from the victim because the number of customers and export volume are low in the establishment phase.
The Defendant, in collusion with C, by deceiving the victim as above, received KRW 100 million from the Jeju Bank Account (H) in the name of C on April 22, 2005, from the victim, and received KRW 40 million around April 27, 2005.
Accordingly, the defendant, in collusion with C, acquired 140 million won from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes of I transaction lists, G transaction details, loan certificates, and payment angles;
1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant is deadly committing the crime against the victim