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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who purchases and repairs used machinery with the trade name of “B” and operates a machinery repair manufacturer supplied to other companies, and the victim C is a person who operates a paper stuffing business chain (ju).
On February 14, 2017, the Defendant entered into a contract for the installation of a molet in the D D office located in Sinsi-si (ju), after the victim and the victim's shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot
“.....”
However, at the time of fact, the Defendant was unable to operate the factory properly due to the business shortage in the status of more than 30 million won without any particular property at the time of the fact, and was thought to use the machinery price received from the injured person as repayment of the existing debt, personal living expenses, etc., and thus, the Defendant did not have the intent to produce and install a molet after making a half-Automatic folder
Nevertheless, the defendant deceiving the victim as above and transferred 21 million won to the defendant's account in the name of the defendant's child on the same day through the NongHyup Bank account (G) in the name of the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Each machinery manufacturing and installation contract, details of deposit and withdrawal transactions, details of deposit transactions, application of answer statutes upon request for cooperation in investigation;
1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act on the selection of punishment, and Article 347 of the Criminal Act planned the sentencing of imprisonment with labor, and the damage did not have been fully recovered
In addition, there are three times the history of the same crime.
Therefore, even if the defendant reflects on the circumstances, a strict punishment is inevitable, and the punishment is determined as per the order.