사기
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 16, 2013, the Defendant made a false statement to the effect that “The Defendant would produce and install the electric boiler 500 kwn from contract deposit to October 16, 2013, 500,000 won to the victim E (the age of 48) as if he/she operated the electric boiler production plant.”
However, even if the Defendant received the boiler manufacturing and the down payment from the victim, the Defendant did not have the intent or ability to manufacture and install the boiler to the victim as promised.
The Defendant, by deceiving the victim, received KRW 5 million from the victim under the pretext of manufacturing electric boiler and installing down payment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes on trading lists;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Although the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was four times the past records of punishment as the same military force (in fact, once a punishment is held, twice a suspended sentence, and once a fine is imposed), the fact that the defendant again committed the instant crime is disadvantageous.
However, the damage amount is a relatively small amount of five million won, the fact that the defendant repaid 1.2 million won to the victim, and the fact that the defendant repents and reflects the wrong.
In addition, in full view of the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, character and conduct, career, and environment, as shown in the instant pleadings, the punishment as ordered shall be determined.