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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【The Defendant was sentenced to one year of imprisonment for violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul High Court on May 27, 2010, and the execution of the sentence was terminated at the Jung-gu District Court on December 21, 2011. On April 25, 2014, the Defendant was sentenced to eight months of imprisonment for violating the Road Traffic Act at the Jung-gu District Court on April 25, 201, and the judgment became final and conclusive on May 3, 2014.
(2) On June 29, 2012, the Defendant made a false statement to the effect that “The Defendant would repay the remainder ten (10) days after receiving the completion of the construction of the Gyeonggi-gu F-gun F-type F-type F-type F-type F-type F-type F-type F-type F-type F-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type
However, in fact, 3 pents sold by the Defendant was constructed or remodeled in violation of the relevant laws and regulations, such as violation of the area of the parking lot, and it was not easy to recover from the original state, and thus, it was not possible to receive any balance under the Defendant’s promise, and there was no intention or ability to complete payment even if there was no property or income.
Nevertheless, the Defendant received KRW 53 million from the injured party on the same day as the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A copy of the complaint, a copy of the process deed, and a letter of performance;
1. A report on investigation (to hear statements from a witness G phone);
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal history (report on criminal records A of suspect A);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reason for sentencing of Article 39(1) [the scope of recommendations] is the same as the aggravated area (one year to two years and six months) (the person subject to special aggravated punishment) of Article 39(1).