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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On September 2013, the defendant introduced that the victim I who became aware of the fact through a meeting in the H restaurant located in Ulsan-gun G in Ulsan-gun, Ulsan-gun, was a person in charge of the affairs of selling the apartment of the Postal Innovation City in the KCC apartment construction company, and that if the defendant purchased the above apartment sale right and sold it, he could receive a lot of profits.
However, the defendant did not have the intention or ability to deliver the apartment sales right even if he received the money from the victim from the person who was entirely unrelated to the above apartment sales business, and around that time he did not perform the damage even though he acquired the total amount of KRW 80,900,00 from C, and there was no intention or ability to repay even if he did not have any specific property and occupation, even if he received the money from the victim.
Nevertheless, the Defendant, as seen above, by deceiving the victim and by deceiving the victim, remitted the amount of KRW 3 million from the victim on October 4, 2013, and acquired it by fraud.
In addition, the Defendant, from October 4, 2013 to June 11, 2014, acquired a total of KRW 92.6 million from the victim on 12 occasions, as shown in the attached crime list, from around October 4, 2013 to June 11, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement of the police officer to I;
1. Investigation report (as to revision of the amount of crime committed by the victim)
1. Application of the detailed statement of transactions in free savings and a copy of the written deposit certificate;
1. The reason for sentencing of punishment under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] There is no basic area [6 months to 100 million won] (the special person] [decision of sentencing] [the decision of sentencing is deemed to have reached the crime of this case in order to repay the defrauded amount to other fraudulent victims, and there is no good character of the crime, such as the fact that it appears to have reached the crime of this case, damage recovery is not related.