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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who, from January 2014, operates a “E” store that sells health assistive food in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.
On January 2, 2015, the Defendant, at the above “E” office around January 2, 2015, intended to purchase the E products from the headquarters and sell them on the Internet through a shock social stude company, such as cubling and emon, and, if selling the products, given a considerable amount of profit in accordance with the sales performance from the headquarters to the sales performance, and made an investment as the purchase price for the products, a sufficient profit may be paid.
The phrase “ makes a false statement.”
However, in fact, the defendant was absent from the Internet gambling at the time and did not sell the above health assistive food, and was thought to gambling with the money invested by the injured party, even if he was paid the money from the injured party, he did not have the intent or ability to pay the principal or the profit of the investment to the injured party.
As such, the Defendant, by deceiving the victim as such, received KRW 5,00,000 from the victim F to the new bank account in the name of the Defendant, around January 2, 2015, from the victim F, and received KRW 5,00,000 from the victim F, and the same year from January 2, 2015, as indicated in the list of crimes.
3. Until May 3, 200, a total of KRW 462,00,000 was remitted from the Victim F, G, and H on 59 occasions and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to F or G by the police;
1. A certificate of deposit details by member trading account;
1. Application of Acts and subordinate statutes to the list of investments received from the person to be submitted and the details of transactions of new bank passbooks;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1119, Feb.