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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 16, 2014, the Defendant, “E,” working for the victim D located in Suwon-si, Suwon-si, Seoul, would be able to repair and sell the F New Zealand vehicle, a vehicle involved in the accident, to the victim in the trading company.
“The purpose was to make a false statement.”
However, even if the defendant received the above money, he did not use the vehicle to deliver to the victim, but would be consumed due to the defendant's living expenses, etc., so there was no intention or ability to sell
As such, the Defendant, by deceiving the victim, received KRW 14 million from the injured party on the same day, and deposited KRW 18 million on November 1, 2014, including KRW 4 million.
In addition, the Defendant, from the above day to November 5, 2014, by means of a similar method, deceiving the victim as indicated in the list of crimes as follows, and was provided with KRW 57 million in total three times from the victim.
On October 16, 2014, the amount of damage (won) caused by the method of deception of the temporary place of crime list No. 1, 2014, the vehicle would be sold without the intention or ability to sell the vehicle C E located in Suwon-gu, Suwon-si.
A summary of the evidence of 18,000,000 false-end fraud to the victim and 14,000,000,000 as of October 18, 2014 as of November 5, 2014 as of November 5, 2014, 25,000,000 as of November 5, 2014.
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the accusation (including details of transactions, etc.);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of Article 62(1) of the Criminal Act in general fraud [the scope of the recommended sentence] where the mitigation area (one month to one year), [the special mitigated person] of punishment, or where considerable damage was restored (the decision of sentencing] of the defendant's deception and degree of the defendant's deception, damage amount, etc., the nature of the crime is not somewhat weak in light of the defendant's deception, damage amount, etc.