Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 20, 2012, the Defendant stated that “A victim C (the age of 64) would sell a good faith to Chinese merchants,” at the Incheon Coast Guard located in Jung-gu Incheon, Jung-gu, Incheon.
However, at the time, the defendant had no intention or ability to sell it and pay the price to the victim, even if he was supplied with a dry sea by the victim.
As above, the Defendant made a false statement to the victim, and obtained approximately KRW 80 million at the market price of 312km from the victim, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Application of police officers to C and prosecutorial protocol Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons
1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (one to one year and six months) (the special person) of the sentencing criteria; and
2. Determination of sentence: (a) the Defendant recognized the instant offense; (b) the fact that the Defendant was deposited for the victim is favorable; and (c) the fact that the victim did not reach an agreement with the victim is considered as unfavorable circumstances; and (d) the Defendant’s age, character and conduct, environment; (b) motive and circumstance leading to the instant offense; and (c) circumstances after the instant offense are considered.