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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
From the main point of the Defendant’s operation of “D” in C, 2009, the Defendant made a false statement to the victim E (hereinafter “D”) who is a customer of the said main point, stating that “I would know that I would know 33 years of age well, I would have to find employment of 30 million won, and there are many persons who have given employment, who would have paid 30 million won, and if I would have been aware of employment, I will operate me if I would have a building, and there is apartment house.” However, the Defendant was aware of the person in charge of 100,000, or there was no intention or ability to arrange the employment of the victim. Nevertheless, the Defendant received 300,000 won from the victim’s account on November 9, 2009, and continued to receive 200,000 won from the victim’s “I would have borrowed 300,000 won to the 3050,000 won worth of 40,000,00 won,00 won.
Accordingly, the Defendant, by deceiving the victim as above, obtained a total of KRW 35 million from the victim to transfer it as a part of job placement training expenses twice from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the details of transactions in which the victim remitted money (the victim's name at the time of the victim's transfer to G, and then E), and copies of the loan certificate;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (see Supreme Court Decision 89Do1309, Nov. 28, 1989)
1. Suspension of execution Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing) 1.