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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On April 21, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Jeju District Court, and three years of suspended execution and became final and conclusive on the 29th day of the same month.
【Criminal Facts】
From January 2015 to May 2015, the Defendant served as a contractual worker who provides real estate consulting services in the Victim C Co., Ltd (Representative D; hereinafter referred to as "victim C") that is a real estate development company.
On April 7, 2015, the Defendant arranged to enter into a contract on the lease of part of the F hotel floor E to the lessee, not G, in the car page located in Jeju Interlock, and in Jeju, the owner of the victimized company.
In the process, H, an employee of the victimized company, made a false statement to the effect that “The intermediary fee shall be paid to the person who introduced the lessee. The intermediary fee shall be paid KRW 22 million,00,000,000 (the deposit shall be KRW 20,000,000,000,000,000,000,000,000,000,000,000,000
However, in fact, a person who introduced a tenant in relation to the conclusion of the above hotel rental contract has already received KRW 5 million from the tenant as a brokerage fee, and there was no demand for money from the victim company, which is the lessor, to pay a separate brokerage fee to the tenant.
Nevertheless, with the intent to use the defendant with money, the defendant deceiving H as above, and that deceivings the victimized company to transfer the amount of KRW 10 million on April 8, 2015 and KRW 22 million on June 12, 2015 to the post office account of the defendant's punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused (including I's statement part);
1. Statement to J police officers;
1. A real estate lease contract, a statement of remittance, and an investigation report;
1. Previous convictions as indicated in the judgment: Criminal records and the previous records of disposition, and the results of confirmation;