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A defendant shall be punished by imprisonment for six 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 August 1, 2016, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for fraud, and the said judgment became final and conclusive on February 15, 2017.
On February 11, 2017, the Defendant: (a) received KRW 60 million from the victim B to the bank account in the name of the Bank in the name of the Party C for the purchase of unsold apartments in lots; and (b) made a false statement to the effect that “The Defendant, who had been keeping in custody, borrowed KRW 30 million out of the amount of investment KRW 60 million received from B to E (one-day “F”); (c) obtained the consent from B, and thus, wired KRW 30 million to the account used by E to transfer it to E.”
However, in fact, the defendant did not have any consent from the victim to lend some of the investment funds of the victim to E.
The Defendant deceivingd D as above, and caused D to transfer KRW 30 million out of the victim’s investment amount to the Agricultural Cooperative Account in the name of the AFF in the name of the AFF in fact operated by E on the same day.
As a result, the defendant deceivingd D who was in custody of the victim's property so that E can borrow KRW 30 million, thereby allowing E to acquire non-property benefits.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on witness B’s statutory statement;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution (the victim does not want the punishment of the defendant in this Act, and the principle of equity, etc. with the case of judgment in the same manner as the judgment in which the judgment becomes final