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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On March 28, 2012, the Defendant is often a person who specializes in arranging hotel trading in the surrounding area to the victim’s attorney-at-law office located in Gangnam-gu Seoul on March 28, 2012.
It is intended to arrange for sales fees to sell E hotel at the face of a week.
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However, even if the defendant receives money from the injured party, the defendant did not have the intention or ability to arrange the sale of E hotel in the Gangwon-do Stick-gun F, Gangwon-do.
The Defendant received from the injured party the transfer of KRW 15 million to the account in the name of a corporate consulting company, 924018-14-04-110 in the name of the corporate management consulting company, as the expenses for the introduction of hotel sales from the same day.
On May 11, 2012, the Defendant continued to make a false statement to the victim on May 11, 2012 stating that “The expenses to be incurred in gifts to the Chinese companies that have the intention to purchase a hotel is necessary” and received money from the victim via the above account as gift expenses for the same day.
Accordingly, the defendant deceivings the victim to take money by deceiving the victim.
2. On May 13, 2012, the Defendant shall lend KRW 30 million to the victim to acquire the right to operate an indoor golf course at the place prescribed in the foregoing paragraph (1) at the same time. The Defendant shall immediately repay the case of the hotel trade being promoted prior to the occurrence of the foregoing.
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However, the defendant thought that he would receive money from the injured party and pay the card price, etc. used for living expenses, etc., and there was no intention or ability to change it when he promised to do so to the injured party.
The Defendant received 30 million won from the injured party through the above account as the borrowed money on the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. Part of the oral statement made to the defendant in the police interrogation protocol;
1. Statement made by the police of D;
1. Consulting services for the sale of hotels;