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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 20, 2010, the Defendant made a false statement to the victim E, “D key points” in the “D key points” of the Defendant’s operation in Yongsan-gu, Youngdong-gu, Yongsan-gu, Yongsan-gu, Seoul, that “The inside of Korea was working as the leader of the three team in the future and retired from office,” and that “I will guarantee the principal while operating money for six months, and will leave the proceeds.”
However, even if the defendant received money from the victim, he was merely the intent to spend the bonds required to take over the above business, the rent, maintenance cost, personnel expenses, etc., and did not have the intent or ability to return the principal within the time limit as agreed to by the victim and pay the profits.
On July 26, 2010, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the bank account under the name of the Defendant on July 26, 201, as well as transferred KRW 94,670,000 in total on 11 occasions from June 10, 201, as shown in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Financial transactions of the principal;
1. Application of Acts and subordinate statutes of a notarial deed and a letter of performance;
1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment]: General Fraud type 1 (less than KRW 100 million) and the basic area (not more than June-1 year and June) [decision of sentencing] [Article 10 million] of the Criminal Code] (Article 347(1) of the Criminal Code of the relevant criminal facts. However, the crime was determined by taking into account the following factors: (a) the victim is partly responsible for the expansion of damages, such as acquiring money which is close to about 100 million won from the victim on several occasions; (b) the victim is partly responsible for the expansion of damages, such as making high profits and making an investment difficult, and (c) approximately KRW 34,548,600 out
It is so decided as per Disposition for the above reasons.