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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 13, 2014, the Defendant purchased goods from the victim B through Kakao Kakao Stockholm located in the Kakao-si B, Chungcheongnam-si, Chungcheongnam-si, Pacific.
The money shall be paid with the price of the goods from which the money is lent, and the money shall be paid with the price of the outstanding amount.
“The phrase “ was false.”
However, the Defendant had no property under the name of the Defendant at that time.
There was no income, and there was no intention or ability to pay money to the victim because it was thought that the victim would use the money borrowed from the victim as living expenses, not the price of the goods, and there was no amount receivable.
The defendant deceivings the victim as above and was transferred KRW 2 million to the bank account (C) in the name of the defendant to the victim on the same day.
In addition, from around that time to March 7, 2016, the Defendant received delivery of KRW 30 million from the injured party, such as the list of crimes in the attached Table, in the same way.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Investigation reports (the filing of comprehensive credit reports to suspect A) (the files of records);
1. The application of Acts and subordinate statutes of Kakao Stockholm content, a certificate of details by member transaction account (designation of transfer account), a detailed statement of account for electronic financial account, a certificate of deposit transaction records (Search minutes), a lump-sum inquiry of the results of transfer, an en bloc printing of confirmation of transfer, and the application of certificates of deposit transaction records;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general fraud, type 1 (less than KRW 100 million) [the person subject to special mitigation] punishment, the area of mitigation of punishment [ the scope of recommended punishment], the area of imprisonment with labor for not less than one month and not more than one year;
2. The Defendant has already been punished by a fine for the same kind of crime.