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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2009, the Defendant entered into a partnership agreement to jointly operate the Victim C and D’s Health Recovery Training Center and to bear the costs of interior works by 1/2 equity.
On July 20, 2010, the Defendant made a false statement to the victim by phone, stating that “The cost of interior works at the main shop, a direct management store, is KRW 55 million, and the half of which is KRW 27.5 million, shall be deposited.”
However, in fact, the actual test cost of the main store was only 40,500,000 won.
As such, the Defendant, by deceiving the victim, had the victim believed to transfer KRW 27,50,00 to the bank account in the name of Indian fishery, and the Defendant himself/herself wired KRW 13,00,000 to November 15, 201, including the transfer of KRW 13,00,000 to the bank account in the name of Indian fishery, and had the victim transfer KRW 32,170,000 in total nine times by November 15, 201, and the Defendant himself/herself exempted the payment of KRW 89,395,00 by remitting KRW 14,29,000 by means of remitting KRW 149,29,000.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of police statement protocol to C
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Reasons for the sentencing of Article 62(1) of the Criminal Act (the decision on the types of punishment) below KRW 100 million in general fraud [the decision on the area of recommendation] in the mitigated area [the decision on the sentence] 1-1 year [the decision on the sentence] in the mitigated area] / [the decision on the sentence] 1-1 year [the defendant's act of running a health healing training center business with the victim in the same business with the victim and deceiving the victim to bear excessive expenses to the victim, unlike the initial agreement on the business, which is a crime of deceiving the victim to bear excessive expenses, there is a high possibility of criticism.
However, while the defendant liquidates the victim with his/her business, he/she agreed to settle the case smoothly, and the victim shall be the defendant.