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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 August 9, 2011, the Defendant made a false statement to the victim B, “The cost of opening the original chain store at the cost of opening the store.”
However, even if the defendant received the above money from the injured party, he did not have the intention or ability to open the original chain.
As such, the Defendant, by deceiving the victim, was given KRW 30 million in cash on the same day from the victim, and received KRW 5 million in cash around October 4 of the same year, and acquired KRW 35 million in cash by defrauding the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to Chapter Two of Loan Certificates;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] the grounds for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendations] the mitigation area (10 million won or less) / [1 month or year from January to one year] the punishment is not imposed or considerable damage is recovered (the decision of sentence is made] the damage amount, the damage amount is agreed with the victim, the same kind of power, etc.