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 becomes final and conclusive.

Punishment of the crime

In fact, the Defendant did not have any intention or ability to deliver the fireworks to the victim because he was willing to pay his personal debt with the fireworks that he received from the victim C, but did not plan to pay his personal debt with the gold in advance.

Nevertheless, the Defendant entered into an agreement with the “E” office located in Thai-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on June 1, 2015, and entered into an agreement with the victim as “five or five or five or more fireworks,” and is expected to enter into an additional agreement with five or more fishing vessels, which requires a total of KRW 100 million.

It is intended to pay a total of ten fishing vessels from August 21, 2015 to November 30, 2015 and supply approximately KRW 6,000 g of the catched by fishing from August 21, 2015.

“False speech was made to the effect that it was “.”

As above, the Defendant, by deceiving the victim as above, received a total of KRW 100 million, including KRW 40 million, around June 5, 2015, KRW 40 million, around June 12, 2015, and KRW 20 million, around June 17, 2015, from each of the Defendant’s accounts for the compromise of the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A purchase contract;

1. Application of Acts and subordinate statutes upon inquiring about the details of transactions of deposits;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201) is heavy, and most of the reasons for sentencing are not recovered yet, and the Defendant escaped on the date of sentencing.

However, it is advantageous to the fact that the defendant's detention seems to cause a considerable difficulty to family members, such as the fact that the crime is recognized, the part of 25 million won out of the damage is recovered, and the remainder is provided with a security, and the agreement is reached with the victim. There is no criminal record of the same kind, the health is not good, the detention of the defendant is likely to cause a considerable difficulty, and the case has already been committed for about five months.