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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 2016, the Defendant made a false statement to the victim D that “The production cost of the test to manufacture and deliver the system attached to the so-called “the so-called so-called so-called so-called so-called so-called “Ctel 701”.
However, in fact, the defendant did not have any intention or ability to manufacture and deliver the goods to the victim because he/she was able to use his/her monthly income and other debt repayment in receiving money from the victim.
The Defendant, as seen above, by deceiving the victim, received delivery of KRW 18 million from the victim on June 9, 2016, and KRW 2845 million on June 10, 201 and KRW 10,045,00 from the victim on June 9, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of witness E in the third public trial protocol;
1. Legal statement of the witness D;
1. In light of the contents and attitude of the witness D's testimony, the legal statement of the above witness who corresponds to the facts charged can be made reliable.
The following circumstances revealed through the evidence presented in the witness D’s legal statement, i.e., ① the Defendant received money from the damaged person for production cost in a situation where the economic difficulty is considerably difficult, ② the Defendant consumeds most of the money for personal use, not for the production of gold-type or withdrawal; ② the Defendant requested a gold-type design through a single gold-type design technology; ② the Defendant did not deliver all the money from the damaged person to E; ③ the Defendant did not return the money from the damaged person to the damaged person; ③ the Defendant did not return the money from the damaged person to the present day.
Application of Statutes
1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] types 1 of fraud crimes in general. (10 million won.)