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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 9, 2006, the Defendant: “A notary public, at the office of Solomon Co., Ltd., Law Firm Solomon, 798, the third floor of the building in the Hanyang-gu, Seoyang-gu, Seoyang-gu, 798 Korean Bank on November 9, 2006, received a letter of intent to sell an apartment from 80% of the total amount of 43 lots outside C, and then received profits from it to the executor; at the same time, the Defendant may receive profits by transferring the letter of intent to sell to the executor. At this time, the Defendant received a letter of intent to sell the remaining 60% and the remaining 20% of the total 20% of the total 20% of the total 20% of the profits, need to receive a letter of intent to sell to the prop. If the Defendant made an investment of KRW 70 million, he would purchase the said land and sell it after purchasing the said land, and he believed that such profits will be 12.5% of the profits.”
However, in fact, the Defendant did not have received the promise to purchase the land from the prop at the time, and did not intend to receive an investment from the victim in the absence of any funds, and in particular, there was a situation where the business was delayed from the immediately preceding investor E, and there was no progress at that time, such as hearing the end that the business was returned to 50 million won, and the fact that the business was conducted by the said investor, such as realizing a new investor, etc., and there was no intention or ability to pay the investment principal or profit even if the Defendant received the money from the victim under the pretext of other property or income due to the absence of any other property or income.
The Defendant, as such, by deceiving the victim, received KRW 70 million from the victim under the pretext of his/her own investment in Korea.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Application of the Acts and subordinate statutes to a complaint, letter of agreement, letter of payment, copy of service contract, receipt, and copy of check;
1. Article 347 (1) of the Criminal Act applicable to the crime;