A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 25, 2013, the Defendant stated to the effect that “The Defendant would purchase the two parts of the two parts and the 64 million Won to the injured party D at the nearby construction site in the G located in Gyeyang-gun F around the day of March 25, 2013. The price will be paid immediately after the equipment was removed at the site.”

However, at the time of fact, the (State) E had a debt equivalent to KRW 40 million, and the customer was unable to pay the outstanding amount properly, and the above amount was not prepared for KRW 20 million, and the defendant did not have an intention or ability to pay the amount immediately even if he received the above amount from the victim, because the defendant did not have an intention or ability to pay the amount immediately.

Nevertheless, the defendant was issued two electric sckes and sckes with a market price of 64 million won around the above time by the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing [the scope of recommending sentencing guidelines is not clear as to whether an application for compensation has been made or not] Articles 32(1) and (2), and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation - General Fraud [the scope of recommending sentencing guidelines] - Where the mitigation area (one to one year) is reduced (one to one year) or the special mitigation area (the sentence is declared] - Where the defendant's mistake is recognized or the considerable amount of damage has been recovered [the decision of sentence] - favorable circumstances: The defendant has no record of punishment for the same kind of crime; the defendant has no record of being punished for the same crime; the defendant has reached an agreement with the victim; the victim has recovered part of the damage that should have been made more than three years after