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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On May 10, 2013, the Defendant purchased one of the 13,650,000 Egalsian department stores in Gangnam-gu Seoul Metropolitan Government, which are located in the pressure-gu, Gangnam-gu, Seoul, and caused to purchase in installments at the market price of 13,650,000.
However, in fact, the defendant was not well in the operation of the clothes store operated at the time and was unable to recover the credit payment. The credit card loans amounted to 78,000,000 won, and only purchased the above Memers room and sold it, or borrowed it as collateral, and there was no intention or ability to pay the above installments normally.
As above, the Defendant, by deceiving the victim as above, received 197,230,000 won in total from the time to October 17, 2013, including the following: (a) the Defendant, as described in the attached list of crimes, by deceiving the victim; and (b) obtained 197,230,000 won in total from the time to October 17, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;
1. Grounds for sentencing under Article 347 (1) of the Criminal Act by combining the corresponding provisions of the Criminal Act with regard to the facts constituting an offense;
1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. Application of the sentencing criteria [Determination of types] Fraud, general fraud, type 2 (not less than 100 million won, less than 500 million won) (decision of the recommended area] and the basic area of punishment, one year and four years.
3. One year and two months (the circumstances at the time of the crime, such as the background and method of the crime, degree of damage, etc., the balance of unpaid payment, the primary crime of the defendant, the age, character and conduct of the defendant, and family environment such as family relationship, etc.);