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A defendant shall be punished by imprisonment for not less than eight 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
The victim B is a person who actually operates D in Kimhae-si, and the defendant was working as a director in the above D.
person is a person.
Around May 13, 2014, the Defendant made a false statement to the effect that “The Defendant, at the headquarters office located in Changwon Mgu, Changwon Mgu, the Defendant gave the victim KRW 20 million to H directors working in G, a trading partner, a capital increase in the mechanical manufacturing contract.”
However, in fact, even if the defendant received KRW 20 million from the injured party and received money from the injured party who thought to consume KRW 10 million as living expenses, etc., he did not intend to pay the above KRW 20 million as a loan.
Nevertheless, the Defendant received KRW 10,00,000 from the injured party to the J bank account (K) in the name of an attempt to increase the contract on the same day, and received KRW 50,760,000 from the injured party by the same method over 19 times from around that time to September 20, 2017, such as the list of crimes in attached Form 1.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of examination of the suspect against the accused by the prosecution (including the part concerning the statement B);
1. Statement made by the police against B;
1. Each investigation report (as to whether or not a director of H company G G company has been received, hearing of the complainant's statement, statement delivery books, and specification of the amount of damage);
1. The details of each financial transaction (No. 9, 10, 17, 22, 23, 24 No. 1133, 24);
1. Copy of each payment by cash;
1. Application of Acts and subordinate statutes to photographs of cash withdrawal;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The basic area (referring to six months to one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to the period of less than 100 million won) of the general fraud; and
2. The defendant who has rendered a sentence for a prolonged period;