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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2013 Highest 2191] On May 13, 2013, the Defendant concluded that “The Defendant would pay KRW 47 million, including value-added tax, to E, a victim’s DNA representative director, at the 1st floor of the instant building located in Gangnam-gu Seoul, Gangnam-gu, Seoul, as of May 13, 2013.”
However, the defendant did not have any intention or ability to pay the price even if he is supplied with the Tweb 1 set by the victim.
Around May 15, 2013, the Defendant, at the same time, had the victim install the Tweb 1 sets in the Gangnam-gu Seoul, Gangnam-gu Seoul, 631-36 main residential building in the three-story hospital, thereby acquiring the said apparatus by fraud.
[2014 Highest 152] On June 3, 2013, the Defendant concluded that “The Defendant would pay KRW 11 million immediately after acquiring equipment,” to G, a business director of the victim F, at the instant coffee shop located in Gangnam-gu Seoul, Gangnam-gu (12), which is located in the Seoul East-gu Station.
However, the defendant did not have any intention or ability to pay the price even after being supplied with two parts of the ED mine treatment device by the victim.
The defendant was obtained from the victim two parts of the same day, and acquired them by fraud.
Summary of Evidence
[2013 Highest 2191]
1. Defendant's legal statement;
1. Statement made by the police to E [2014 high-ranking152];
1. Defendant's legal statement;
1. Application of the police statement law to H
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes [decision on the types of punishment] The basic area of less than KRW 100 million [decision on the recommended area] the basic area [decision on the recommended area] from June to one year and six months [decision on the sentence].