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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 27, 2010, the Defendant was sentenced to a suspended sentence of two years and a fine of four million won for fraud in the Daegu District Court Kimcheon Branch on August 27, 2010, and the above judgment was finalized on November 4, 2010.
On March 25, 2010, the Defendant made a false call to the victim E, a D representative of the Pakistan-gun Office, from the office of Gandong-gun, Gandong-gun, which reads that “I would make a settlement of the price if the Pakistan is supplied to F.”
However, at the time of fact, the defendant had no property owned by him, while his obligation reaches about KRW 180 million, and since the business status of the above C was hostile, there was no intention or ability to pay the price even if he was supplied by the victim because the business status of the above C was hostile.
On March 25, 2010, the Defendant, by deceiving the victim, had the victim deliver 3,036,00 won at the market price and 506,000 won at the market price on April 29, 2010, and 7,590,000 won at the market price on April 29, 201, and had the victim deliver 11,132,000 won at the market price on three occasions in total, including 750 won at the market price on April 29, 2010, and did not pay 1,100 won at the market price.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Each letter of H and A (Defendant);
1. Current status of transactions;
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a copy of judgment A by a suspect)-related Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the criminal defendant was sentenced to concurrent trials in relation to a crime for which judgment has become final and conclusive, taking into account the balance between punishment and punishment for which he/she was sentenced to concurrent trials;