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A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in this case, the fraud of December 7, 2010 among the facts charged in this case is not guilty.
Reasons
Punishment of the crime
The Defendant, as the representative director of C, at the C office located in Eunpyeong-gu Seoul Metropolitan Government, around August 2010, stated that “The F regional housing association project has been carried out at C in the past and several years,” the Defendant received authorization, and when being aware of the high class of G executives, G is adopted as a contractor after the lapse of two months, and at the same time, G will be recruited within two months, and 5.4 billion won will be collected as a cooperative member, and the money will be used as desired, and the money will be used as if it is not operated, and if it is difficult to carry out the project due to the lack of operational funds, it would be paid KRW 1.4 billion per won per capital.”
However, the defendant was only submitted from G only to participate, and there was no progress in the housing association project, so even if he received KRW 100 million from the victim, there was no intention or ability to pay KRW 1.4 billion.
The Defendant, as such, by deceiving the victim, received from the victim one copy of the check with a right of KRW 50 million on September 16, 2010 and one copy of the check with a right of KRW 50 million on September 24, 201, respectively, and received KRW 100 million.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of witness E and H;
1. Application of the statutes that contain some statements to the police and suspect interrogation protocol of the accused;
1. Judgment on the assertion of the defendant and his/her defense counsel under Article 347 (1) of the Criminal Code of the relevant criminal facts
1. The Defendant asserts that he/she had the intent and ability to pay KRW 1.4 billion when he/she received KRW 100,000 from the victim, although he/she stated the same statement as the statement
2. According to the above evidence and the police interrogation protocol of the police officer with respect to H, investigation report (GII report of telephone communications with the vice head of the company), the following facts are acknowledged:
A. The project of the above F Regional Housing Association may open a model voucher to be selected by the City Corporation, recruit its members, and collect the union fees at the expense of the Fund.