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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant was hospitalized as a traffic accident by the victim C in Gangseo-gu Seoul Metropolitan Government around December 13, 2016.
D In the outer division, the victim received a entertainment room in the name of D and operated with the amount of money that he had four, and the proceeds are divided into 6:4. The victim attempted to enter into a contract for entertainment room. The amount of KRW 10 million is sent.
different types.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, in fact, the defendant did not think that he had to get amusement rooms from the beginning because he received money from the injured party and thought that he would use money for personal expenses.
On December 16, 2016, the Defendant received KRW 10 million from the Saemaul Treasury account (F) in the name of E designated by the Defendant, under the pretext that he/she would have a entertainment room from the damaged person.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 17, 2016, the Defendant made a false statement to the effect that “The Defendant, at the place indicated in the above 1.1. paragraph, “The amusement room machine was in a field, and the amusement room machine was in a field, and the equipment was sprinked, and changed to KRW 15 million.” The Defendant transferred the machine to Daegu and divided the profits from the funeral service.”
However, in fact, the defendant was thought to use money from the injured party for personal expenses, and there was no entertainment room from the beginning.
On December 18, 2016, the Defendant received a total of KRW 15 million from the Saemaul Treasury account (F) in the name of E, designated by the Defendant, on three occasions around December 18, 2016, under the pretext that he/she operates the amusement room machinery from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Details of separate accounts, application of Acts and subordinate statutes on the record of deposits transactions;
1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.