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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
【Power of Crime, which is the element of concurrent crimes, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Suwon District Court on February 11, 2009, and the judgment became final and conclusive on May 5, 2009.
【Criminal Facts】
1. On May 16, 2007, the fraud defendant would promptly settle the payment by delivering the victim's lighting equipment to the victim in E office operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.
‘False speech' was made.
However, at the time of fact, the defendant had no intention or ability to pay the price even if he received the early delivery from the victim of the debt accumulated by borrowing approximately KRW 800,000 from the financial right due to the mother's expenses of the hospital and borrowing approximately KRW 500,000 to the bonds.
The Defendant, by deceiving the victim as such, received early delivery of an amount equivalent to KRW 2.9 million from the victim on the same day, as indicated in the attached list of crimes, and received an early delivery of an amount equivalent to KRW 464,745,00 from the victim in the same manner from October 5, 2008, by the same time as indicated in the attached list of crimes.
2. While the Defendant was engaged in early sale and collection business in paragraph (1) E operated by the victim D, the date and time of the crime is indicated in the indictment around April 2009 as “ around October 20, 2008.” However, according to the police investigation records 9 pages, 66-68 pages of the prosecution investigation records, and the witness D’s statutory statement (see, e.g., page 7 page, etc. attached to the fourth protocol of trial), it appears to be a clerical error in “within April 2009.” The Defendant did not have any disadvantage to the Defendant’s exercise of his/her right to defense by filing a lawsuit on the premise of this change, and thus, it is immediately correct without changing the indictment.
The early sales price of KRW 5,657,00 has been collected and embezzled for personal purposes, such as repayment of his/her debt, etc. at that time.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Each letter, each.