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A defendant shall be punished by imprisonment for not less than eight months.
However, 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 August 1, 2010, the Defendant made a false statement to the effect that “The private village was working for LH Corporation, and the LH Corporation has invested KRW 2 billion in the apartment sale right of the LH Corporation even though it made an investment in this place.” The Defendant made a false statement to the effect that “The principal may be returned clearly until August 2012, 2012 even if he did not make any profit.”
However, the defendant did not have invested KRW 2 billion in the above apartment construction project, and there was no person who invested in the apartment construction project of LH Corporation among the defendant's private villages, and even if the defendant received the investment money from the victim, he did not have the intent or ability to pay the principal or the profit to the victim because he was able to use it for the operation fund of the
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim on August 2, 201, KRW 5 million on or around November 13, 201, KRW 25 million on or around November 14, 201, KRW 20 million on or around January 25, 201, and KRW 20 million on or around January 25, 201, and KRW 70 million on or around January 25, 201, as one bank account under the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of a copy of the transaction statement of the victim's account and the statutes governing the contract;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim, the fact that there is no record of punishment, and the fact that the mistake is recognized);
1. Social service order under Article 62-2 of the Criminal Act;