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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 27, 2017, from around September 28, 2017 to around September 28, 2017, the Defendant made a false statement to the victim C who operates an excessive store in the B market located in Daegu North-gu, Daegu-gu, stating that “I will purchase an excessive day. I will pay an excessive day immediately or pay it after the tin passed.”
However, in fact, the Defendant was issued an excessive amount of KRW 150,000,000,000 in total from the victim even if he was supplied with an excessive amount of money by selling it and selling it, and even if he did not have any intent or ability to pay it normally, even though he did not have any intention or ability to pay it.
The Defendant, as described in the attached list of crimes, was informed of the total amount of eight victims by the same method from around that time to October 21, 2017, and received each imposition of a total of KRW 25,762,00,00, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Complaints, invoices, and reports on transactions by period;
1. Application of Acts and subordinate statutes to report on investigation (to live together of a suspect, hear statements in victim C telephone);
1. Article 347 (1) of the Criminal Act, the applicable law of criminal facts, the choice of punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the conditions shall be taken into consideration, such as: (a) the preparation of a memorandum of performance to the victims; (b) the repayment of KRW 11.5 million has been made up to the present; (c) the agreement with the E and F among the victims; and (d) the additional payment of the remainder