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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant would belong to the victim E under the pretext of D and government underground funds promotion projects, and the defendant would create KRW 30 million to KRW 50 million within one week by making D's investment of KRW 50 million to the victim.
In other words, the investment will not be made.
“However, the victim rejected only KRW 30,000,00,000.
Before this end, D will make an investment of KRW 20,000,000 to the Defendant, and “2,000,000 shall be the same.”
It would be easy to borrow KRW 30 million.
The defendant also accepted the proposal of D and conspired to acquire the money of the victim in the above manner.
Therefore, the Defendant would create KRW 500 million within one week from G located in Guro-gu Seoul Metropolitan Government F on January 13, 2015 to the victim E.
In addition, because there are 20,000 won of payment, it stated that the son (victim E) was 30,000 won, together with 50,000 won, and divided profits."
However, even if the defendant and D received money from the injured party, they did not have the intention or ability to increase ten times within a week.
Nevertheless, the Defendant conspired with D as above, by deceiving the victim, and by deceiving the victim, obtained delivery of KRW 30,000 from the victim on January 16, 2015, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of statutes on each prosecutor's statement protocol to E and H;
1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution where the victim is fully responsible for the occurrence of a crime or the expansion of damage to the victim (a special mitigated person] [the decision of sentencing] and the following circumstances and the defendant's age, sex, environment, family relationship;