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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 2017, the Defendant concluded that “A victim D, located in Seongdong-gu Seoul Metropolitan Government, awarded a contract for BM M4 vehicles to the victim at E, a light and public auction site, and would accept the vehicle if he/she paid the contract price.”
The Defendant continued to make a false statement to the victim that “BM M4 vehicles are at issue with the acquisition of a U.S. military vehicle, so that the Defendant would make an additional deposit of KRW 13 million in a vehicle, on the face of the State, bring 350D (F) on behalf of the State.”
However, in fact, the defendant did not have been awarded a contract, and the money received from the injured person was thought to be used for paying his/her personal debt, so even if he/she received the payment from the injured person, he/she did not have the intention or ability to
Nevertheless, on January 2, 2017, the Defendant received KRW 40 million from the damaged party to the Agricultural Cooperative account in the name of G MW M 4 vehicle price, which is the Defendant’s son (H) around January 2, 2017. On January 25, 2017, the Defendant received additional KRW 13 million from the same account as the price for the said 3.5 million vehicle price.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on entry and departure transactions;
1. The reasons for sentencing of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (elective of imprisonment) are the fact that the defendant has been punished for the same kind of crime, the fact that the amount of defraudation is not clear, the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered in consideration of the circumstances after the crime, etc.