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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around 14:00 on October 26, 2015, the Defendant, at the 14:00 office of the Defendant of the 14th floor in Gangnam-gu Seoul building, concluded that “The Defendant, at the 14th floor in Gangnam-gu Seoul, requested the victims to attract funds for industrial site development projects in E in the time of the ethicization promoted by the victims, he/she shall deposit the agreed money with the victims to the effect that “it shall raise necessary funds, but shall not use the money in the event of raising funds, so C shall deposit the agreed money with the intent to implement the commitment of the agreement, and that the agreed money shall be returned at any time because it is not used within the internal price (the Defendant) but for the purpose of storage.”
However, even if the defendant received KRW 50 million from the victims, the victims did not have the intent or ability to raise funds of KRW 62 billion and did not have the intent or ability to return the agreed amount even if the funds were not raised.
As such, the Defendant, by deceiving the victims, received KRW 30 million from the victim D to the Agricultural Cooperative Account in the name of F, and acquired it by deceiving KRW 20 million from November 9 of the same year.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on filing of a complaint, service agreement, investigation report (a copy of a name tag A of a suspect), remittance certificate, joint agreement, and financial transaction statement;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons
1. The scope of recommendation types according to the sentencing criteria shall be the basic area of less than 100 million won, six months through one year and six months;
2. The amount of the sentence obtained by deception is not so specified, but is not recovered from damage;
Domination was made.