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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 19, 2013, the Defendant recommended the victim H to make an investment by stating that “30 households of 200 million won are sold in lots to the victim by October 30, 2013, from G real estate office operated by Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, by acquiring 30 households of 200 million won from the investment,” and invested KRW 200 million from the victim, but it was impossible to transfer the above 3 households to the victim as promised by the victim on July 2013.
On July 25, 2013, the Defendant, at the above G Real Estate Office, made a false agreement to the same effect that “The Defendant would pay KRW 50 million to the Defendant the principal and interest of KRW 50 million until December 31, 2013 after the purchase of additional apartment units, if it has made an additional investment of KRW 200 million.”
However, at the time of fact, the Defendant did not have the intent or ability to pay the principal and interest KRW 50 million to the victim until December 31, 2013, after the Defendant sold the said apartment in lots, most of the money received from the victim for other purposes, such as personal debt repayment and living expenses.
As such, the Defendant, by deceiving the victim as such, was charged with KRW 53 million on July 25, 2013, and KRW 53 million on the check on July 29, 2013, and transferred KRW 53 million on the check on July 29, 2013 to the Agricultural Cooperative Account in the above F name on September 24, 2013 under the same pretext.
Accordingly, the defendant was given a delivery of KRW 150 million by deceiving the victim.
Summary of Evidence
1. Each legal statement of the witness H and F;
1. Each police statement made to H and F;
1. Each police interrogation protocol against the accused;
1. Each prosecutor's protocol of examination of the accused;
1. Full certificate of the registered matters;
1. Details of transactions in each account;
1. Details of deposit of the lease deposit;
1. Copy of business registration certificate;
1. A letter of complaint prepared by H;
1. A copy of each agreement;
1. Each registration certificate;