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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal record] On October 30, 2015, the Defendant was sentenced to imprisonment for a crime of fraud at the Seoul Eastern District Court on two years and six months, and the judgment became final and conclusive on February 6, 2016.
[2] On May 27, 201, the Defendant, at the office of the tax accounting corporation E, working for the victim D in the Guri-si, Guri-si, on the part of May 27, 2011, may rent G Mart in the subway F, which is located in the subway F, to the victim, from the day of the lease. If the Defendant deposits KRW 300 million, he/she may recover KRW 100 million from the date of the opening of the G Mart business, and the remainder of KRW 100 million as the leased deposit.
If the G Mart lease contract is not a contract, 200 million won invested shall be the loan, and interest of 10 million won per month shall be paid and returned within three months.
‘False speech' was made.
However, if the defendant receives KRW 200 million from the injured party, he was using KRW 100 million out of the amount as the investment money for new energy, a company related to the regeneration, and the defendant was thought to use the remaining KRW 100 million in his own way, and there was no intention or ability to use the money for the business related to the G Mt Lease.
Ultimately, the Defendant deceivings the victim as above and was transferred KRW 200 million to the National Bank Account (H) in the name of the Defendant on the same day from the victim.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police against D;
1. Certificates of financial transactions and cash custody in the bank itself;
1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and the application of the text of the judgment of the Seoul Eastern District Court Decision 2015 High Court Decision 1010
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 latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing of Article 39(1) is the case.