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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 2, 2013, the Defendant entered into an investment contract with the victim E at the G site office in Gyeonggi-gu, Gyeonggi-do, with the purport of “20% of net profit if an investment of KRW 400 million is made, shall be paid as a profit, and when the business is completed, it shall transfer the site of the business to KRW 1,500.”
However, on April 28, 201, the Defendant purchased the above project site under H’s name and received loan from the Incheon Savings Bank (1.5 billion won) and the Industrial Bank of Korea (1.5 billion won), and the Industrial Bank of Korea (1.5 billion won) established a collateral security right of KRW 3.277 billion in total with the maximum amount of the loan. From July 201 to February 2013, the construction was discontinued due to blasting civil petition from around February 201 to around February 25, 2013, and the cost of the heavy equipment maintenance was disbursed in excess of KRW 13 million monthly, and the Defendant did not receive loan interest from the victim on June 22, 2012, and did not receive an application from the creditor bank of the Incheon Savings Bank, and did not receive any decision from the creditor bank to voluntarily provide loan support, and the auction auction agent did not take the above measures to withdraw the loan and did not receive any loan from the creditor under the agreement.
The Defendant received a total of KRW 250 million from February 2, 2013 to March 27, 2013 from the damaged party as an investment deposit.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);
1. Each police statement made to E and J;
1. Application of Acts and subordinate statutes governing investment contracts and certificates for registration;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;