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A defendant shall be punished by imprisonment for six months.
except that 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
1. The first criminal defendant, around 14:00 on August 15, 2013, acquired the victim D with the intention or ability to distribute profits or to guarantee principal because he/she did not have any intent or ability to pay personal debts or to use it as living expenses even if he/she received money under the pretext of investment because of economic difficulties. However, although he/she did not have any intent or ability to secure the principal, he/she acquired the victim D with the intention to distribute profits or to secure principal by paying the proceeds equivalent to 10% of the amount of investment if he/she invested business funds with other investors, he/she shall guarantee the total amount of principal within 2 months. The victim acquired the victim’s account under the name of E, a creditor of the defendant, with the Defendant’s bank account under the name of the defendant, KRW 4 million on the same day, KRW 700,000 on the same day, KRW 700,000 on the 24th of the same month, around the same month, around 200,000.
2. From the end of August 2013, the second criminal defendant received money under the name of the Defendant from around 30th of the same month, from around October 6, 2013, a total of KRW 21,925,000 through the above method 19 times in total, as stated in the crime list, inasmuch as he/she did not have any intent or ability to distribute profits or guarantee principal because he/she received money under the name of investment because he/she did not have any intent or ability to pay personal debts or plans to use as a living expense even if he/she received money due to economic difficulties, and he/she received money from the victim to the Defendant bank account under the name of the Defendant on the 30th of the same month from around October 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the details of transfer;