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A defendant shall be punished by imprisonment for four 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
On July 5, 2011, the Defendant will subscribe to the Gwanak-gu Seoul Special Metropolitan City C 304 and the victim D to the serial system operated by the party.
Even after the receipt of the fraternity money, the purport was that the fraternity money will be paid in good faith during the remaining period.
However, at that time, the Defendant had no certain income or property, and the number of accounts of the fraternity to which the Defendant was admitted reaches 13 times, and did not pay the accounts for the other fraternity at time. Even if the Defendant was willing to use the accounts for the repayment of the existing debts and the accounts, there was no intention or ability to continue to pay the accounts for the remaining period after the receipt of the accounts.
Nevertheless, the Defendant: (a) by deceiving the victim, who is the leading owner, and then, received KRW 5 million from the victim under the pretext of the guidance on July 25, 201; (b) and (c) obtained a total of KRW 20 million from around that time to October 3, 201, such as the list of crimes, and acquired it by obtaining a total of KRW 20 million from around that time to October 3, 201.
Summary of Evidence
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by the police against D;
1. A criminal investigation report (related to ascertaining details of account transactions in the name of a suspect);
1. The following circumstances are acknowledged according to each evidence of the above evidence: (i) the Defendant joined 13 accounts in total, including each of the instant accounts at the time of the instant transaction; (ii) the Defendant maintained the system by means of “recovering” and “recovering payments,” i.e., receiving a certain amount of accounts and paying another amount of accounts; (iii) the Defendant could have been in an economically difficult situation at the time of the instant transaction, such as: (i) the Defendant’s husband did not receive a fraternity from the Gyeyang E in around 2010; and (ii) the Defendant’s husband did not receive a fraternity from the Gyeyang E in terms of damage equivalent to KRW 80,000,000; and (iii) the Defendant’s husband was at a hospital for performing the instant cancer operation.