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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is deaf-mutes.
1. Around August 22, 2007, the Defendant made a false statement to the victim C that “I would make an investment in the Plaintiff’s global well-known Symp Syms Co., Ltd. and return money in several times in the name of the victim, and I would necessarily guarantee the principal.”
However, as above, the Defendant did not have any intent or ability to make investment in the global well-being program or to guarantee the principal of the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim, namely, from the victim, KRW 2 million on the 25th day of the same month, KRW 35 million on August 12, 2008, KRW 1320,000 on the 15th day of the same year, and KRW 1.82 million on the 15th day of July 2009.
2. Around August 28, 2007, the Defendant made an investment to the Victim F in the Eca shop located in Pyeongtaek-si (S.) (hereinafter “S. Company”) by making an investment by making an investment in the shares in the victim’s name, and returning the shares again. The principal would necessarily be guaranteed.
However, as above, the Defendant did not have any intent or ability to make investment in the global well-being program or to guarantee the principal of the victim.
As above, the Defendant, by deceiving the victim as above, obtained KRW 4 million from the victim on August 28, 2007; KRW 2 million on August 31, 2007; KRW 5 million on September 6, 2007; KRW 5 million on October 19, 2007; KRW 10 million on October 24, 2007; and KRW 27 million on December 20, 2007.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police statement statute to C and F;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Mitigation of deaf-mutes: Articles 11 and 55 (1) 3 of the Criminal Act;
1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are punished several times in the same kind of crimes.