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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
1. On March 22, 2012, the Defendant made a false statement to the victim, a seller of the Ambree cosmetic, stating, “Ambree cosmetic, as he/she was fit for a large number of customers in the surrounding area because he/she had a large number of customers,” in front of the victim D’s residence in Changwon-si, Changwon-si.
However, the defendant was thought to use the cosmetic sales proceeds to rectify the overdue payment of the credit card price at the time, and there was no intention or ability to pay the cosmetic sales proceeds even if the cosmetic was supplied by the injured party as above.
As above, the Defendant: (a) by deceiving the victim; (b) received 18 cosmetics, including the amount of 1,215,000 won, from the victim; (c) from around that time to December 7, 2012, including the amount of 18 cosmetics from the victim; and (d) received 9,754,000 won, in total, from around 10 times as shown in the list of crimes in attached Table (1).
2. Around April 17, 2014, the Defendant made a false statement to the victim D, stating that “The Defendant sold cosmetics to another person, and ordered him/her to do so, or changed to a person designated within the country,” before the victim’s residence.
However, in fact, the defendant thought that the sale price of cosmetics was used in the defendant's living expenses due to the absence of any particular import, and did not have the intent or ability to pay the price even if he was supplied with the above cosmetics from the victim.
As above, the Defendant: (a) by deceiving the victim; (b) received cosmetics equivalent to KRW 1,015,00 from the victim; (c) and (d) received from around that time to March 30, 2015, a total amount of 58,068,00 won from around 62 times, as shown in [Attachment Table (2) of Crimes List of (2).
Summary of Evidence
1. The defendant's legal statement (the fourth public trial date);
1. Legal statement of the witness D;
1. Statement made by the police against D;
1. The statement of D in the protocol of interrogation of the suspect against the defendant 1.