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A defendant shall be punished by imprisonment with prison labor for up to six 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
From time to time to time, the Defendant stated to the victim B that “B retired from Company B, raising profits without loss by holding a sports soil, and directors of the company as C apartment with a sports soil, and directors of D apartment with a currently living D apartment, and the vehicle was also dead to her wife,” and that, around August 2017, the Defendant stated that “I would return money if I would return the principal if I would return it at any time. I would be able to receive money to the victim. If I would have made an investment of KRW 30 million,00,000,000,000 won, I would be able to receive money to KRW 1.5 million per month, and if I would return it at any time.”
However, in fact, the defendant had been preparing living expenses due to a substitute driving without a certain occupation for several years, and the apartment who had resided in Korea was able to obtain a transfer tax under the name of his/her spouse, received 50 million won from the victim and did not have the ability to pay the profits of 2 million won per month, and most of the money received from the victim were considered to be used as living expenses, etc., and when the victim requested the return of the principal, the victim did not have the ability or intent to return it.
Around August 28, 2017, the Defendant received 50 million won from the victim to the Agricultural Cooperative (E) account in the name of the Defendant and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes concerning the details of passbook transfer, each FF course photograph, each account transaction, and the contents of F message dialogue;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The criminal records (no criminal records and fines exceeding the same type of crime), means and results (amount of damage), circumstances after committing the crime, etc. of the accused for the reason of sentencing under Article 62-2 of the Social Service Order Act.