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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was a person who operates a mobile phone sales store in the name of “C” in the name of “C” at the Gyeong-nam City, and the fact that the Defendant, despite the absence of the intent or ability to pay the said 12-month installments, did not appear to have purchased the mobile phone at a 24-month rate, but in fact, had the customers enter into a contract for purchasing the mobile phone by designating it as a 36-month rate.
On December 15, 2017, when the defendant purchased 36 months's mobile phone from the above mobile phone sales store to the victim E, the defendant would provide support from the store in the last 12-month installments.
“Along with the period of time,” the victim had a 36-month mobile phone 530 mobile phone purchase via an installment contract, and around that time, the victim additionally had a total of 316,430 won for installments between 12 months and 12-months while maintaining an installment contract for one mobile phone between 3 years and 3 years, and F had a son acquire property benefits equivalent to the said amount.
Summary of Evidence
1. Application of Acts and subordinate statutes to written confirmation of purchase of cell phones report E to the defendant's legal statement;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of a year;
2. Circumstances favorable to the determination of sentence: The Defendant recognized and reflected the instant crime.
The amount of damage caused by the instant crime is relatively small.
Unfavorable circumstances: The damage caused by the instant crime was not recovered.
The defendant has previously been subject to a fine for fraud several times.
. The above.