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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 18, 2016, the Defendant jointly purchased 4 Mat C vehicle by telephone from the public parking lot of the Dong-gu, Incheon Metropolitan City around August 18, 2016 to the injured party B, “Sts E300 4 Mat C vehicle. The conditions return profits and investments (cost) if the vehicle is sold at the time of the month after the purchase of the vehicle, and even if the vehicle is not sold, the profits will be paid if the vehicle is sold after the refund.
Dispatching KRW 20 million for purchase of vehicles
different types.
“A false representation was made.”
However, in fact, the defendant did not intend to purchase the above vehicle, and was thought to use the purchase price from the injured party for the repayment of personal debt.
The Defendant received 20 million won from the damaged party to the corporate bank account in the name of the Defendant on the 19th day of the same month as the purchase price of the vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to financial transaction statements (20 million won);
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant shall be sentenced to imprisonment with prison labor, considering the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is active and the fraudulent amount and damage have not been recovered.
However, the term of punishment shall be determined in consideration of the fact that the defendant's mistake and reflects the defendant, and the execution of the punishment shall be suspended.
In addition, in order to prevent recidivism, a social service order is given to the defendant.