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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On May 18, 2016, the Defendant, who was engaged in the fishery products distribution business, such as flowers B, sent a family relation certificate and the Defendant’s business registration certificate in the name of the non-appellant D, to the victim C by phoneing it to the victim C at a around 18, 2016, and sent the “E” certificate and the Defendant’s business registration certificate in the name of the non-appellant D, and then sent it to the text message.
6. Around 28.28, the Plaintiff displayed the fireworks stored in the FF freezing warehouse of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and stated that “I will supply the fireworks and would supply them in the fireworks amount to KRW 10 million.”
However, in fact, the business registration certificate sent by the defendant to the victim was already closed, and the freezing warehouse, which was shown to the victim, was owned by another person (G), and the defendant had never been secured in advance. At the time, the defendant was liable for the debt amounting to KRW 140 million at the time, and even if the defendant was paid money for the purpose of personal use such as purchase of fireworks to supply it to others or repayment of debt, etc. because it was not properly supplied to others, it was thought that he did not have any intent or ability to deliver it to others as promised by the victim.
Nevertheless, on June 27, 2016, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 10,000,000,000, including KRW 3,000,000 from the victim’s account in the name of the Defendant to the same account around June 28, 2016; and (c) obtained a total of KRW 10,110,000,00 from October 2, 2015 to September 5, 2016, by deceiving the victims as stated in the list of crimes in the attached Form; and (b) obtained a total of KRW 100,110,00,00 from September 28, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H, I, G, C, J, and K;
1. G statements;
1. Details of a contract for the supply of crops and the details of supply;