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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 2015, the Defendant stated that “In order to find a third-party village with retirement at retirement is in the fourth position in the order of modern iron, the Defendant shall include KRW 50 million in the company and deposit KRW 26 million in the company if the Defendant wishes to be employed in the modern iron industry.”
However, in fact, the Defendant was thought to receive the money from the victim from the beginning to make the victim take entertainment expenses, and there was no intention or ability to have the victim take employment in the modern iron.
On August 26, 2015, the Defendant received KRW 11,99,00 from the damaged party, KRW 3,00,000 from the said account on August 27, 2015, and KRW 3,99,000 from the said account on August 31, 2015, and acquired KRW 18,98,000 in total from the said account.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Details of deposit and withdrawal transactions, and application of Acts and subordinate statutes on the certificate of transfer confirmation;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The punishment as ordered shall be determined by taking into account all the conditions for sentencing, such as the following circumstances and the defendant's age, sex, environment, relationship with the victim, circumstance leading up to the crime, etc.