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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 1, 2011, the Defendant told the Victim F of the E Office located in Gangseo-gu Seoul Metropolitan Government D that “The Defendant would purchase a vehicle of 2008 Adyi R8 car through the Highest Sales Award.”
However, the defendant was a plan to receive only the automobile price from the victim because he did not intend to purchase the vehicle from the victim and only purchased it.
The Defendant: (a) had G, the office manager of the foregoing E office, prepare a invoice stating the loading of the said vehicle to Busan; (b) displayed it to the victim; and (c) stated that there was a person to purchase a vehicle to H, who is an employee in the middle and high-ranking sales of the vehicle, and caused H to show it to the victim and the victim by driving the said vehicle.
On the same day, the defendant continued to deliver 4,200,000,000,000,000,000 to the above H as the price for the car to the victim, and the contract was terminated to H without notifying the victim of the same day, and the vehicle would have been terminated, and 4,20,000,000,000
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and I;
1. Application of Acts and subordinate statutes to a report on investigation (Submission of a lease contractor's statement on an Arabic vehicle);
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. Reasons for sentencing [the scope of recommending sentence] under Article 62(1)(C) of the Act on the Suspension of Execution [the scope of recommending sentence] under Article 62(1)(C) of the Criminal Act on the grounds that there is no basic area (6-100,000 won or less) (6-10,000 won) [the decision of sentencing] [the person who is a special person] [the decision of sentence], and the defendant did not fully recover from damage. However, the defendant did not receive 4.3 million UN from the victim, and the defendant tried to transfer 50,000 UN to the victim for agreement during the investigation process.