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A defendant shall be punished by imprisonment for not more than ten 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
On November 2009, the Defendant stated that the victim E (Defendant and Dong name) was the president of G, the president of the cooperative that implements the civil engineering work to create the FF corporation, and that he/she was admitted to the university located in Seoul and the money to seek a house in Seoul. It is necessary to get his/her mother to live in Seoul. The Defendant stated that “The head of the cooperative, who is the president of the cooperative, who implements the civil engineering work to create the FF corporation, entered the university located in Seoul and sought a house in Seoul.” The Defendant stated that “
However, there was no fact that the father and son of the mother president did not enter the university located in Seoul or live together in Seoul, and the defendant did not have been instructed by the president of the association to prepare money to seek money from the father and son of the mother president.
Nevertheless, the Defendant, as such, by deceiving the victim, received from the victim the total sum of KRW 40 million,00,000 from KRW 3,000,000,000 from November 23, 2009.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the respective statutory statements of witnesses E, H, I, and J to the Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (not a large amount of damage, but a primary offender, and considering the fact that considerable damage is deemed to have been recovered from the damage (each receipt dated May 13, 2011 and January 19, 201));