beta
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 12, 2017, the Defendant stated to the effect that “A victim E who constructed a multi-household house in Jeju City D, a business entity installing air-conditioners in the operation of the Defendant located in Jeju-si, stating that “Around June 12, 2017, the construction of a basic pipeline for installing air-conditions has been completed at the new house of the victim, and the cost of installing air-conditions is to be installed upon delivery of air-conditions.”
However, around March 2017, the Defendant knew that the qualification code of air-conditioning installation against the Defendant, who is qualified to be supplied with G air-conditioning from F, has already been deleted, and even if the Defendant received the payment from the victim for air-conditioning installation, he did not have the ability to purchase air-conditioning with the said payment and install air-conditioning at the victim’s house. In addition, the Defendant had the intention to use the aforementioned payment from the beginning to pay the Defendant’s personal debt, etc., but made a false statement.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 17 million from the victim to the Agricultural Cooperative Account in the name of H in terms of the price for installation of air-conditioning services on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
1. The punishment shall be determined as ordered by comprehensively taking into account various circumstances shown in the arguments of this case, including the following: Article 347(1) of the Criminal Act regarding criminal facts; Article 347(1) of the Criminal Act regarding the choice of punishment; Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 34 of the same Act; Article 34 of the same Act, which has not been completely recovered from damage, the amount of damage was not significant; the defendant’s reflects the fact;