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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2012, the Defendant is operating a manpower office in the mutual infinite Eup located in Gwangju-si, Gwangju-si, with the victim C.
The interest rate of 2% per month shall be paid and repaid after one year, as the person has been on behalf of the Spanco and the person has been paid the payment in one month.
In Spanco, if the amount of money deposited is not paid, it may be repaid upon return."
However, it was difficult for the defendant to operate the manpower office, and there was no intention or ability to pay the money even if he borrowed the money from the damaged party due to the lack of the deposit which can be returned from the sco.
The defendant deceivings the victim as above and transferred KRW 10 million to the community credit cooperative account in the name of the defendant living together with D around February 2, 2012, and KRW 20 million to the same account around February 13, 2012. On July 17, 2012, the defendant deceivings the victim by means of the above method from the non-resident bank account in the name of the defendant, and transferred KRW 19 million to the new bank account in the name of the defendant, around September 24, 2012.
As a result, the defendant deceivings the victim, and received a total of KRW 50 million from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to each loan certificate and each deposit certificate without passbook;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.
Circumstances unfavorable: The circumstances favorable to the fact that it has yet to be recovered from damage, even though they were the case of light in 2012, shall be led to the confession of crimes.