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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
Around September 25, 2008, the Defendant made a false statement to the victim E, the representative of the coffee sales company, which was known at the office of “D” of the Seoul Northern-gu Seoul Northern-gu, that “I would have the director of the headquarters in Korea as one of the agricultural cooperatives, so I would like to conclude a coffee PB (self- brand) agreement with the NA as one of the agricultural cooperatives until December 31, 2008, because I would know well about the director of the headquarters in Korea as one of the agricultural cooperatives. If the contract is not concluded, I would return all of the money.”
In fact, the defendant was not well aware of the director of the Mart head office as the agricultural cooperative at the time, and there was no intention or ability to make the victim conclude a PB contract, and the D company, which it operated, had been responsible for the debt of approximately KRW 150 million in the bonds due to the default, was thought to be used to repay all the money received from the victim, and there was no intention or ability to return the money if the PB contract was not concluded.
As above, the Defendant, by deceiving the victim as above, obtained from the victim a total of KRW 30 million on the same day, KRW 10 million on October 28, 2008, KRW 50 million on November 28, 2008, and KRW 50 million on November 28, 2008.
Summary of Evidence
1. Defendant's legal statement;
1. Relevant provisions of the Acts and subordinate statutes applicable to criminal facts and the choice of punishment: The reason for sentencing [the scope of recommending punishment] under Article 347(1) of the Criminal Act [the grounds for sentencing [the scope of recommending punishment] means fraud crime group, general fraud (type 1), basic area, imprisonment with prison labor for six months to one month] and six months [the decision of sentencing] affirmative deception that a fine of different type has no criminal punishment other than once a fine for ten months, the failure of the law applicable to the crime, damage recovery even after the lapse of six years, and active escape for a long period;