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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant operates the clothes of the name "D" in the Jung-gu Seoul Metropolitan Government Ddong Underground 67.
Around August 14, 2013, the Defendant made a false statement to the victim E, stating that “The value of the goods shall be changed by 20,000,000,000 won,” and at the same place as on the following day, the Defendant sold the goods by receiving the down payment to the customer. The Defendant already sold the goods to the customer. If multiple persons bring down the down payment, 3 million won of the down payment and 3 million won of the remainder will be paid after this mold.”
However, there was no intention or ability to pay the price even if the Montreal was delivered by the victim.
On August 4, 2013, the Defendant: (a) by deceiving the victim as above; and (b) around August 4, 2013, the Defendant was issued two Montrealds, one of which is equivalent to KRW 5 million at the market price, and 20 million at the market price around August 5, 2013.
Summary of Evidence
1. Part of the defendant's legal statement;
1. Each legal statement of witness E and F;
1. Application of Acts and subordinate statutes governing the termination of payments;
1. The sentencing of Article 347(1) of the Criminal Code for the crime at issue is based on the following circumstances: (a) the age, character and conduct, environment, etc. of the defendant; and (b) the conditions of various sentencing as shown in the pleadings of the case; and (c) the sentencing guidelines set forth in the sentencing guidelines.
The Defendant denies the instant crime.
B. The defendant has no record of being punished for the same kind of crime.
C. The Defendant returned 8 million won out of the amount obtained by deception to the victim, but did not agree with the victim or compensate for the remaining damages.
The basic area (6 to 16 months) (6 months to 106 months) of the sentencing guidelines set forth in the sentencing guidelines for general fraud / [the scope of recommendations] shall not be the basic area (6 to 100 million won).