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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2, 2017, the Defendant was working at the Industrial Secrets Protection Center to which the State Information Institute belongs, in the C coffee shop located in Gwangju-gu, Seo-gu.
At present, since the LH Information Center is dispatched to LH and is dealing with information on real estate development and sale, etc., it shall ensure that investment is more than 50% of the investment rate.
It is possible to divide and re-sale commercial buildings by exercising influence over the competent Gu office, etc. by selling commercial buildings in Seoul and Sejong City, etc., and obtain enormous profits from market price if they are re-sale.
A false statement was made to the Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government, stating that 50% of the investment amount will be made a profit by selling this commercial building.
However, the defendant not only did not have such status at the time but also did not have the intent or ability to raise investment profits by selling and re-sale the commercial buildings sold to the victim as above.
As such, the Defendant, by deceiving the victim on March 20, 201, acquired property by remitting KRW 70 million in total to the Agricultural Cooperative Account (E) in the name of the Defendant’s name on two occasions, including KRW 50 million on March 20, 2017 and KRW 20 million on March 29, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Complaint;
1. Each investigation report (Nos. 5, 6, 8, 9, 11, 17, 19, 21, and 21, and
1. Details of the Kakao Stockholm dialogue submitted by the complainant;
1. Requests for the provision of financial transaction information;
1. Recording records;
1. A letter in the territory of the agricultural cooperative account;
1. Application of Acts and subordinate statutes governing photographs and Kakao Stockholm text messages, and Kakao Stockholm text messages;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that the nature of the crime in question is inferior in light of the substance of the crime in this case, and the amount of fraud by the crime in this case