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1. The punishment of the defendant shall be determined by six months;
2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;
Reasons
Punishment of the crime
The Defendant is a person engaged in the repair business of ships under the trade name “C” in Ansan-si B.
On November 2016, 2016, the Defendant made a false statement to the effect that “When 53 million won is paid, she would seek a 210 Twitt, she would seek a 210 Twitt” in the course of trial with the Defendant’s request from the victim D to use one set of ships (Twitt).
However, even if the defendant received the payment from the injured party, he was able to use it for the repayment of personal debt and living expenses, and there was no intention or ability to purchase the set to the injured party.
On November 20, 2015, the Defendant received cash 2 million won from the injured party as the down payment, and obtained the total sum of 53 million won as the price for the purchase of sets over six times from that time to July 7, 2016, such as the statement in the crime sight table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written petition of D;
1. A TV set transfer certificate, set photographs, results of transfer processing, copies of bankbooks, details of account transactions, verification of deposit transactions, and detailed statement of deposit transactions;
1. Each report on internal investigation:
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;
1. Recommendations based on the sentencing criteria;
(a) Determinations of types: Fraud, general fraud, and type 1 (less than KRW 100 million);
(b) Special sentencing factors: The punishment is not to be mitigated.
(c) Determination of the recommended territory: Reduction territory;
(d) Scope of recommending punishment: One month to one year.
2. The crime of this case, the sentence of which is determined, shall be deemed to be disadvantageous to the nature of the crime in light of the circumstances, method, and result of the crime.
This is an unfavorable circumstance to the defendant.
The Defendant confessions all of the crimes of this case and reflects them.
This is.