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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who operates a waste-related enterprise with the trade name of D in the Gangseo-gu Busan Metropolitan City.
On January 2, 2013, the Defendant stated that “When investing money, the Defendant would make the principal within one month along with the monthly profit of 10% of the amount invested” to the victim E (n.e., 52 years of age) at the above D office.
However, from February 2012, when the Defendant made an investment necessary for the operation of waste business to the victim from around February 2, 2012, he/she recommended the victim to make an investment within one month, to receive and use the investment money from the victim. Since July 2012, it was difficult for the victim to manage the company, and there was no particular income from the investment money received from the victim, and there was no intention or ability to pay the investment money and its profits to the victim even if he/she continued to receive the investment from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the Busan Bank account under the name of the Defendant as investment money, and received a total of KRW 543 million from around that time to February 13, 2013, and paid KRW 222,320,000 among them, and did not pay KRW 320,0680,000,000,000 from around February 13, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A suspect interrogation protocol of the accused by the prosecution (including E statements);
1. Application of Acts and subordinate statutes on details of transactions, details of transactions, and details of transactions by Busan Bank;
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act by comprehensively selecting applicable legal provisions and types of punishment for the crime of this case, even though the amount of damages inflicted on the victim by the defendant as a result of the crime of this case is reasonable, the victim cannot be