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A defendant shall be punished by imprisonment for one year.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
At around July 2011, the Defendant came to know that there was a surplus amounting to KRW 150 million to the victim upon the request of the victim C around July 2013 from the victim C who became aware of at the time of the implementation of the real estate development project.
On August 2013, the Defendant stated that “A mushroom farm will be entrusted with KRW 150 million per month at least two to three years since the beginning of the six-year-old farm at present, while a principal will be repaid after one year. The Defendant made an investment of KRW 100,000 in the D business, and there are many other businesses with high profitability.” In addition, the Defendant said that “A mushroom farm will be able to live in one of them because it owns two or three-year-old apartments even if it comes to the beginning of the present business.”
However, the defendant did not have invested KRW 100,000 in the D-related business in his own money and invested the money from the victim in the above business, and it was clear whether the defendant can receive the profit equivalent to KRW 6,00,000 per month even if he did not own apartment bonds, and the defendant did not own apartment bonds two, and there was no other means to pay the complainant the profit of KRW 6,00,000 per month or to repay the principal of the investment.
Nevertheless, around August 23, 2013, the Defendant, by deceiving the victim as above, received 150 million won from the national bank account (F) in the name of the Defendant from the victim and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Notarial deed of a monetary loan for consumption;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The Criminal Act, the suspension of execution;