Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around October 10, 2014, the Defendant committed the crime against the victim B made a false statement to the victim B by stating that “the advance payment to supply electric wires at a low price” was made at the D office of its own operation in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.
However, even if the defendant receives the above payment from the victim, he thought that he would use it for a separate business investment, and did not have the intention or ability to supply electric wires.
The Defendant received property by deceiving the victim by receiving a total of KRW 32,340,000 from the victim two times in the name of D (E) on the same day.
2. On October 17, 2014, the Defendant made a false statement to the victim F that “on the face of supplying electric wires, the Defendant would pay the price immediately” to the victim F at the D office under the preceding paragraph.
However, the defendant did not have the intention or ability to pay the price even if he received the above electric wire by such means as the amount of other debt reaches 400 million won at the time.
The Defendant received property by deceiving the victim by being provided with electric wires equivalent to KRW 82,486,80,00 in total from the victim on two occasions around the above date and around the 24th of the same month.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B and G;
1. Application of each statute on filing of a complaint;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] The reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] There is no basic area (1 to 500 million won or more) [1 to 4 years] [the person who is a special person] [the decision of sentencing] fraud amount exceeds 100 million won, but no particular damage recovery is achieved, and victims also want to punish the defendant, it is inevitable to sentence the defendant as
However, the fact that the defendant is the first offender, the time of the crime, and the depth is against it.