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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 3, 2014, the Defendant told the victim B to the effect that “The Defendant would receive a letter of consent from the president of the Korea Agricultural and Fishing Community Corporation, which is well known, to collect ice sand from C project team (which has high mination ingredients used as industrial raw materials, etc.) through the president of the Korea Agricultural and Fishing Community Corporation, and thus would request KRW 60 million to be used as expenses.”
However, the defendant did not know about the president of the Korea Rural Community Corporation or the person related to the CJ, did not have experience in the previous collection consent, and was thought to use the money received from the damaged person for personal debt repayment, etc.
Defendant shall receive from the injured party the total sum of KRW 60 million on July 29, 2014, which is KRW 25,000,000 on June 25, 2014, KRW 30,000 on July 14, 2014, and KRW 60,000,000 on July 29, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Act and subordinate statute of the statement protocol B
1. In a case where the victim is fully responsible for the occurrence of crime or the expansion of damage (in a case where the victim is subject to a special mitigation) in the mitigation area (one month to one year) of the mitigation area (one year) type of punishment (the scope of recommendation) [the punishment shall be determined by taking into account the circumstances such as the background of the crime, the amount of damage, the degree of responsibility of the victim, and the same electricity, etc. (in a case where the victim is subject to the result by submitting the consent form to the Korea Rural Community Corporation as a civil petition procedure) [the decision of sentence] The punishment shall be determined by taking into account the following factors: (a) details of the crime, the amount of damage, the degree of responsibility of the victim,