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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 2010, the Defendant, at the G office operated by the Victim F in the Busan Jin-gu, Busan, the Defendant was well aware of the victim’s “The Home Pluco director inside the Home Pluco.”
It is possible to transfer the Home Plusian operating rights in the Home Plus, so it is possible to transfer money to the Home Plus executive officer's personnel expenses and street funds.
In other words, the phrase “assumed” was false.
However, the Defendant did not have the intent or ability to obtain the Home Packer's operating right, and the money received from the injured party was considered to be used as a whole as a sales agency's business fund and living expenses.
The defendant obtained a total of 39 million won from the injured party on two occasions around that time and acquired it by fraud.
2. The Defendant, at the end of December 2010, falsely stated that “A person who intends to know is preparing to open to the adult amusement room” to the victim at the above office.
However, the defendant did not have the intent or ability to make the victim gain high profit through investments in adult amusement rooms, and the money received from the injured party was considered to be used as a whole as a sales agency business fund and living expenses.
The defendant received a total of 200 million won from the injured party four times around that time, and acquired it by fraud.
3. On April 201, the Defendant stated that “The Defendant received the right to sell the goods to the Defendant’s company redevelopment site in Busan Dong-dong, Dong-gu, Busan, and 100 million won.”
However, in fact, the defendant delivered only 36 million won to the above developer, and the remaining 64 million won was thought to be used as its sales agency fund and living expenses.
The defendant received 64 million won from the injured party around that time and acquired it by fraud.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1.F.