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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 22, 2014, the Defendant, at the office of the first floor of the K Building in Ansan-si, ordered the victim M to perform the interior construction of the screen golf course. On April 22, 2014, the Defendant had expressed an attitude that “I would purchase the screen golf machine with a view to purchasing the screen golf machine with a view to less than a heavy market price because there are many persons who find such machine. However, since there are many persons who find it, I would have to post a down payment for the purchase of the machine.” At the time of internalation, the Defendant had expressed the attitude that I would purchase the screen golf machine with a view to purchasing the screen golf machine.
However, the Defendant did not purchase the golf machine that was screened to the victim because the personal debt at the time and the material price that was not paid was approximately KRW 80 million, and there was a need for living expenses to receive money from the said victim to use the said debt repayment and living expenses.
The Defendant received KRW 20 million from the said victim to the Agricultural Cooperative Account in the name of the Defendant on May 7, 2014, KRW 20 million on May 14, 2014, KRW 20 million on or around May 16, 2014, KRW 50 million on or around May 23, 2014, KRW 40 million on or around May 23, 2014, and transferred KRW 30 million on or around June 2, 2014, respectively, on five occasions.
Accordingly, the defendant was given property by deceiving the above victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of M;
1. A copy of a contract for supply of goods, a copy of the interior works contract, and a copy of each N contract;
1. Copies of each bankbook and details of account transactions;
1. Application of Acts and subordinate statutes to investigation reports (O telephone conversations), investigation reports (P telephone conversations for a witness), investigation reports (Listening to the relative telephone statements of a witness);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] is not less than the amount of KRW 100 million in general fraud.