Text
A defendant shall be punished by imprisonment for one year.
However, 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
On January 11, 2018, the Defendant stated that “The victim E is the representative of the F Older Persons Medical Center, and the elderly welfare center for the elderly would receive the goods and pay the price within three days after receiving the goods if they supply the healthy drinks.”
However, in fact, the defendant was not the representative of the F Older Persons Medical Center, and the monthly salary of approximately KRW 1.8 million has no property under the name of the defendant, and there was no intention or ability to pay the price even if he is supplied with a healthy beverage from the victim, due to the circumstances under which he was using it as living expenses.
Nevertheless, on February 28, 2018, the Defendant: (a) by deceiving the victim as above; and (b) obtained a delivery of health drinks equivalent to KRW 294,423,00 in total in the market price, such as sap, alap, alap, alap, alap, alap, alap, sap, sap, sap, sap, sap, teap, niap, vak, matrike, juice, alap, alap, alap, alap, alap, and sap, from the victim in the camping G of Gyeonggi-gun, the Defendant received from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police suspect interrogation protocol of H;
1. Statement of the police officer to I;
1. Complaints of E preparation;
1. Application of Acts and subordinate statutes to a transaction statement, a written confirmation of performance of duties, the first order for the F2 quarter, and a purchase contract for goods;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Ten years from imprisonment to imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines (a decision of types) (a decision of types) shall not be less than 10 million won but less than 500 million won (a person who is specially punished) (a person shall be punished by imprisonment with labor for not less than one year nor more than four years (a basic area).
3. The crime of this case, which was decided to be sentenced, is deemed to have the settlement authority as the representative of the Medical Care Board for the Aged.