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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 11, 2016, the Defendant committed the crime with the victim C was a person who had a relationship with the victim C. On January 11, 2016, the Defendant made a false statement to the effect that “The victim is an investment expert as the head of the E branch, who is an investment expert, and the amount of KRW 20 million is 20 million with the investment deposit, making a false statement to the victim immediately after making a profit.”
However, the defendant only worked as E and did not have a branch office, and even if he received money from the victim, he was thought to use it as his daily living expenses, so that he did not have the intention or ability to deliver the profit to the victim by using it as investment money.
Nevertheless, the Defendant received the remittance of KRW 20 million from the injured party to the modern securities account under the name of the Defendant for the same day as the investment money from the injured party.
2. On March 13, 2016, the Defendant committed a crime on March 13, 2016, at the victim C’s house located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Mangsan-si on March 13, 2016, “There is no cash in need of a sexual surgery, such as the intake of excreta and the loss of a few faces,” and thus, the Defendant made a false statement to repay the victim later.
However, even if the defendant received money from the injured party, he was thought to use it as living expenses, not as sexual surgery expenses, and there was no intention or ability to repay it.
Nevertheless, on April 11, 2016, the Defendant acquired the gift certificates of KRW 500,000 and KRW 1,000,000 from the injured party and acquired them by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Each comprehensive account information, a statement of financial transactions, a statement of the issuance of a check before himself/herself, a record of recording, and a CD containing recorded contents (the Defendant asserts that the Defendant did not have talked about an investment by voluntarily giving money to the Defendant to maintain a relationship with the Defendant.