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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 11:00 on February 25, 2015, the Defendant: (a) entered the new fish farm operated by the Victim D in Seocho-si, Busan Metropolitan City on February 25, 2015, “The Defendant entered China and entered China and paid the full amount of the payment; and (b) the Defendant is required to carry out the business of importing the new fish, and (c) the Defendant borrowed KRW 10,000,000,000 from China. The Defendant said that the Defendant would be able to pay the full amount of money if the Defendant sold the new fish in Korea with the income of the new fish.
However, the defendant did not have entered into a contract on the import of new friendship in China, and even if he borrowed money from the injured party, he did not have any intention or ability to pay the money after two months after importing new friendship.
In such a situation, the defendant deceivings the victim, and causes the same injury to the victim.
2. Around 28.28.20 million won received 9.4 million won from the Defendant’s Agricultural Account and acquired pecuniary benefits equivalent to that amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by the police against D;
1. Application of a copy of a loan certificate or a copy of passbook;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the amount of fraud is not so big and the payment of all the money obtained through deception is made);