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The punishment of the accused shall be set forth in six months.
Reasons
Punishment of the crime
From April 209 to May 5, 2009, the Defendant made a false statement to the victim D on the mutual infinite bus terminal 2 floor, Seocho-gu Seoul, Seocho-gu, Seoul, that “The construction of a new apartment is required to be made in the land outside 3 lots of Gyeongnam E, and the construction compensation amounting to KRW 300,000,000,000,000,000,000,000 won is to be paid in advance.”
However, the defendant did not have any connection with F, a corporation, which is proceeding with the above construction. The paid money was thought to be used as personal debt repayment, etc., and even if the defendant did not receive money from the injured party due to no particular asset in bad credit condition, he did not have any intent or ability to allow the injured party to receive the new construction of the apartment, or to pay the paid money properly.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) by deceiving the victim from the victim on May 18, 2009; (c) transferred KRW 30 million on May 18, 2009; and (d) KRW 30 million on May 29 of the same month to the account under the name of each Defendant, the Defendant acquired KRW 60 million in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of the defendant in D's second written statement in the suspect examination protocol against the defendant;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on a contract, such as a certificate of deposit confirmation, a contract, and a contract;
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of sentence, the reasons for sentencing of sentence to imprisonment [typed determination] Fraud in general means [Determination in the sphere of recommendation] / [Scope of recommendation] basic area / [the scope of recommendation] six months to one year and six months [the general person in charge of sentencing] - serious reflective factors [the main reasons for suspension of execution] - Unagreement / negative: Unagreement - Unscheduled criminal records [the reasons for suspension of execution] - At least two times or more before probation [the reasons for suspension of execution] - The positive social relation is clear, serious reflection, and partial recovery of damage.