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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 3, 2015, around 13:11, 2015, the fraud Defendant presented one Mari Protection Zone in the “D” operated by the victim C, a Government-si, and falsely concluded that “A purchase was made prior to a day, but does not fit the body, so a change in refund is made.”
However, the defendant did not purchase the Heluri Protection Zone, and on the same day, it was presented to the victim as if he had purchased the Heluri Protection Zone before putting it in a temporary room which had been possessed by the victim's supervisor in the display room.
Nevertheless, the defendant deceivings the victim as above and received 30,000 won from the victim, namely, the refund money, from the victim.
2. On October 6, 2016, the Defendant attempted to commit fraud, at the Government-Si around 16:17, the Defendant presented one seat protection unit to the victim E, who is an employee of the “D” located in the Gu Council-si B, and false statement to the effect that “The Defendant was purchased before the second week, but does not meet the requirements for refund.”
However, the defendant did not purchase a self-defluence protection zone. On the same day, the defendant was in a display room using a gap where the victim's surveillance was neglected on the same day.
It was presented to the victim as if it was the goods purchased before it was put into the boom-gu which was prepared in advance by bringing the boom-ri protection zone.
Nevertheless, the Defendant: (a) by deceiving the victim and attempted to deliver KRW 60,000 to the victim under the pretext of the refund payment; (b) however, the victim did not reach an attempted attempt by ascertaining the Si TV (CCTV) and reporting it to 112.
Summary of Evidence
1. Statement by the defendant in court;
1. Each E statement;
1. Each investigation report (the confirmation of the contents of the telephone call with the victim- the telephone tape recording date and the City Tyti attachment - the City Tyti blop ec sp sp Commissionery);
1. Application of Part IV Acts and subordinate statutes to field photographs;
1. Article 347(1) of the Criminal Act and Article 352 of the Criminal Act regarding the facts of crime (the point of fraud) and Article 352 of the Criminal Act.