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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
In July 2014, the Defendant requires deposit money to purchase scrap metal to the victim in E operation of the victim D, which is located in the window C of Changwon-si, Changwon-si.
30 million won, face-to-face;
8.1.1. to supply scrap metal from January 1.
"Finally, it made false statements."
However, since the Defendant did not secure the purchasing place of scrap metal, the Defendant did not have the ability to supply scrap metal to the victim. As above, the Defendant was willing to repay the money received from the victim as an individual debt, and did not have any specific property and income, and did not have the intent to repay it.
Around July 21, 2014, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the corporate bank account (F) in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to the accusation and specification of transactions;
1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;
1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] general fraud (less than 100 million won) and the basic area (less than 6 months of imprisonment or one year and six months);
2. Determination of sentencing that is favorable to the defendant, even if considering the circumstances of sentencing favorable to the defendant, such as the fact that the defendant was committed in whole when the sentence was committed, that the defendant was the primary offender, that there was children who should support the defendant, the amount of damage did not reach an agreement with the victim, that the defendant was used to pay his personal debt immediately after borrowing the money from the victim, and that there was no use at all to implement the promise with the victim, and that other factors such as the defendant's age, character and conduct, relationship with the victim, motive, means and consequence of the crime, etc., the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the conditions of sentencing prescribed in Article 51 of the Criminal Act, and the scope of recommendations on
agreements with victims.