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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has served as a heavy and confrutr in the offline trading company, Ocheon-si, Seoul Special Metropolitan City, Ocheon-si, 621-5, Ocheon-si, Seoul Special Metropolitan City.
On December 31, 2014, the Defendant, a customer, who purchased a motor vehicle at the said company, will transfer C E Business Motor Vehicle to the victim B by January 2, 2015, which was two days later, if the Defendant paid KRW 7,100,000 with the purchase price for a middle and high vehicle.
“The phrase “ was false.”
However, the defendant was thought to use the money received from the injured party at the time to repay his debt to other used cars, so even if he received the money from the injured party, he did not have the intention or ability to deliver it by purchasing the money.
Accordingly, the defendant deceivings the victim as above and received 7.1 million won from the victim as the purchase price of the vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of remittance confirmation certificates and laws and subordinate statutes of registration certificates;
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;
2. Article 62 (1) of the Criminal Act (The following favorable circumstances).
3. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection [the scope of the recommended punishment] There is no basic area (from June to one year and six months) [the person subject to special sentencing] of Type 1 (less than KRW 100 million] [the decision subject to special sentencing] [the decision subject to sentencing] considering the Defendant’s misjudgment in depth, and the fact that only the previous conviction subject to the fine was committed, etc., the punishment as per the order shall be determined as per Disposition. Since the court did not completely recover from damage, it is ordered that the special matters to be observed for the observation of protection inform the protection observation officer of the amount of damage and its situation.