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A defendant shall be punished by imprisonment for a period of five 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 October 21, 201, the Defendant subscribed to the fraternity that 11 of the 11st of the 300,000 UNs on October 21, 201 and paid the monthly payment to the Defendant F, in the “E” clothes shop operated by the Defendant in Japan, D, and the Defendant.
Then, he joined the above system.
However, in fact, the Defendant had almost no income while operating clothes at the time, and was responsible for the amount of KRW 200 million with personal debt, so there was no intention or ability to pay every month the monthly payment even if the Defendant received guidance from the injured party.
The Defendant was delivered 2790,000 UN in order of November 21 of the same year from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Legal statement of witness F;
1. In the following circumstances, the defendant's partial statement in the protocol of the interrogation of the suspect of the police against the defendant [i.e., the defendant, at the time of joining the successful bid examination of the case, was liable for approximately KRW 200 million, and ② the defendant presented 510,000,00, which is the interest of the defendant, to promptly settle his/her obligations at the time, and 2790,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
was stated.
(3) In full view of the fact that the Defendant received a second award and did not pay the fraternity money at all, the Defendant acquired it by receiving a delivery of 2.79 million N as above without the intent to pay the fraternity money after the vehicle, even if he received a guidance money from the injured party, and then acquired it by deceit, as above, without the intention to pay the fraternity money after the vehicle.
[Determination] Application of the statute
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.