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A defendant shall be punished by imprisonment with prison labor 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 March 201, the Defendant concluded that, at the office of the Defendant, Co., Ltd., Ltd., the 7th floor of the Seoul Gangnam-gu D Building, the victim F, “There are many other investors in the real estate development project promoted in the U.S. Emirate, and at least one corporation is at the completion stage of the contract, and at least 4-5 billion won should be given the right to undertake civil engineering works at all construction sites, and the Defendant would return all invested money to the victim F until the end of the year, even if he was well aware.”
However, even though the Defendant received loans from other persons without equity capital from around May 27, 2009 and continued the above business, there was no particular income from March 201, and in order to continue the business, the Defendant was required to receive investment from other persons in addition to the victim’s investment.
In addition, the Defendant did not establish a legal entity in ASEAN, and the contract actually completed did not have one case and did not attract other investors, so even if the Defendant received the above money from the victim, the Defendant did not have any intention or ability to return the investment money if the victim grants the right to perform civil engineering works or is demanded by the victim to return the investment money.
As above, the Defendant, by deceiving the victim, received KRW 150 million from the victim, around April 8, 201, and around June 3, 201, KRW 150 million from the victim, and KRW 150 million from June 3, 201, to the new bank account under the name of Eienna Certified architect office, Inc., and KRW 50 million from September 30, 201 to the agricultural bank account under the name of Eienna Certified architect office.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes on witness F's legal statement, witness G and H's partial statement;
1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.