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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On October 25, 2012, the Defendant called the Defendant’s husband and the victim D (the age of 57) (the age of 57) who became aware of in the course of the Defendant’s activities in the 502 building B in Bupyeong-gu Seoul Special Metropolitan City on October 25, 2012, and called “the majority of the shares issued by the Korea Ginseng Corporation, adjacent to the presidential election file, became subject to the Korean president election system, has been sold at our company, and the inside director has been assigned a large amount of money. If the Defendant holds the shares, it would be good that the Defendant would be able to gain a large amount of profits.” He called the victim around the 26th day of the same month, and “260 million won per week” was determined on the victim around the 26th day of the same month, and “the amount of KRW 50 million out of the total amount of KRW 130 million,000,000 per week is paid first, and the remainder is called the National Sports Corporation.”
However, even if the defendant received money from the victim after the purchase period until December 10, 2012, the defendant received money from the victim and used the money as the purchase price for health food with no intent or ability to transfer the shares of the Korea Ginseng Corporation.
As such, the Defendant, by deceiving the victim and deceiving the victim, through the post office passbook in the name of the Defendant, acquired money from the victim on three occasions in total, such as receiving KRW 50 million on October 26, 2012, KRW 18 million on the 29th of the same month, and KRW 10 million on May 5, 201 of the same year.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, while deceiving the victim, has paid 40 million won to the victim first and has agreed to do so smoothly with the victim. In addition, the defendant shall be sentenced to the same punishment as the order by comprehensively taking into account the circumstances leading to the crime of this case, the circumstances after the crime, and criminal record relations.