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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 1, 2013, the Defendant made a false statement to the victim C, operated by the victim C in Seoul Jung-gu, Jung-gu, Seoul, stating that “When the Defendant produced and supplied clothing, he would make the payment by the end of April.”
However, the Defendant did not have any intention or ability to pay the price even if the Defendant received the kinds of goods from the injured party, as the company operated at the time was operated by the enemy, and used the goods as operating funds by lending the bonds.
The Defendant received from the injured party the amount of KRW 2,431,00 equivalent to the D 187 market price on the same day and received from July 25, 2013 all 32,828,800 in total from that time until July 25, 2013.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A process deed;
1. Settlement details;
1. Application of Acts and subordinate statutes on a copy of passbook;
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. Consideration of the reasons for sentencing under Article 62(1) of the Criminal Act, including the background and circumstance of the instant crime, the first offense, and the violation of the Act