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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 2012, 2012, the Defendant told the victim D of the “C” office located in Pyeongtaek-si B of Gyeonggi-do, stating that “I will buy six million won per unit of six million won per 1 million won in total.”
However, in fact, the defendant did not have a certain amount of income at the time, and there was no money to be paid to the victim for the debt amounting to 17 million won. The defendant received the money from the victim and planned to use it as a collateral for living expenses, etc., and even if he received the money from the victim, he did not have the intention or ability to pay the money.
As above, the Defendant, by deceiving the victim, obtained from the victim the victim a total of 6 million won of the market price from the seat, and acquired the victim by fraud.
2. On April 2013, 2013, the Defendant made a false statement that “I wish to sell E himself, who is going to go to go to death, to another person,” at the above victim’s place.
However, at the time of fact, there was no other person about to purchase the above person, and he received it from the victim and planned to use it as a security for living expenses, etc., and even if he received it from the victim, he had no intention or ability to pay the price by selling it.
As above, the Defendant, by deceiving the victim as above, obtained from the victim the victim an intentional self-defense of an amount of nine million won or more at the market price from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on photography;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act: the scope of recommending the applicable O sentencing guidelines.