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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] On November 8, 2017, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on December 12, 2017.
[2] On December 1, 2016, the Defendant, at the victim D's office located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant, selling the victim's flaps shares of 5,00 flag, which is a long-term stock, to the victim.
The sales price of shares shall be KRW 75 million by selling shares immediately.
“A false statement was made to the effect that it was “.”
Even if the defendant received shares from the injured party, he/she was able to dispose of them to pay his/her personal debt or use them for business funds, etc., and there was no intention or ability to pay the sales proceeds
The defendant deceptioned the victim as above and acquired the 5,000 shares of the Modern cane to the new financial investment account of the defendant at the seat, that is, from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Previous convictions in judgment: The application of the results of inquiry and the application of Acts and subordinate statutes of investigation reports (Attachment to judgment);
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;
1. Application of the sentencing criteria: Since it is a single concurrent crime after Article 37 of the Criminal Act, the sentencing criteria do not apply;
2. Determination of sentence - Determination of sentence - Determination of sentence - the fact that it is against the victim, the fact that it is not agreed with the victim, taking into account various conditions of sentencing, such as character and conduct of the defendant, environment, circumstances of the crime, circumstances after the crime, etc. - Consideration of equity