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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around October 1, 2011, the Defendant made a false statement to the effect that “In the real estate office operated by the victim D in Sari-si, the victim “E” is F of the Korean branch president, “E”, “I will import the raw timber in Mongolia, take the wood from Mongolia, and build two meine tree houses in Mongolia at the same time. I first change the down payment to be imported.”
However, the fact was not the name of F, and the "E" did not have any specific project progress to build housing by importing f trees at the preparation stage, and even if receiving the money from the victim as the down payment, it was thought that it will be used for the personal debt repayment rather than the flaf import price.
As such, the Defendant, by deceiving the victim and deceiving the victim as down payment, acquired the victim’s total sum of KRW 20 million on the same day as the down payment, KRW 30 million on October 6, 201, and KRW 30 million on October 7, 201.
Summary of Evidence
1. Partial statement of the defendant;
1. D's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to details of transactions, Internet sites, contracts, and certificates of entry and departure;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The mitigated area (one month or year less than 100 million won) for types 1 (special mitigation), the mitigated area (one to one year), the decision of sentencing], or the restoration of considerable damage (the decision of sentencing] of the crime of this case is not good in light of the means and results of the crime of this case, but the crime of this case is not likely to be committed. However, the agreement with the victim that the victim did not want the punishment of the defendant, that the defendant did not have any record of criminal punishment heavier than that of the same kind of crime, and other various conditions indicated in the arguments and records, including the defendant's age and motive.