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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, from February 2, 201 to April 2012, 201, was required to join five successful bidders in an irregular place and to maintain the said system. However, the Defendant was willing to subscribe to the said system by organizing a successful bid price of 50 million won on the premise that he/she would receive the payment and would not pay the payment of the payment of the payment of the payment of the extension, and that the fraternity would not receive the payment of the payment of the payment of the extension once.
Around June 16, 2012, the Defendant stated as follows: “When the Defendant paid the time limit set each month by joining the bid bid system operated by the Defendant, a person who paid the highest interest may be awarded a successful bid and a maximum of 50 million won per unit according to the order of priority, so that he/she can be paid a maximum of 50 million won per unit.”
However, even if the victim joined the successful bid system and paid the time limit, the defendant did not pay the time limit according to the order of the victim, but intended to use the time limit money to return it to another system that he/she joined or to use it as his/her own living cost, etc., and there was no intention or ability to pay the time limit money according to the order of the successful bid.
As such, the Defendant: (a) by deceiving a victim as such; (b) received from the victim a total of KRW 5 million on June 16, 2012; (c) KRW 2720,000,000 on July 16, 2012; and (d) KRW 2560,000 on August 16, 2012; (b) KRW 260,000 on September 16, 2012; (c) KRW 286,00,000 on October 16, 2012; (d) KRW 310,000 on November 16, 2012; (e) KRW 296,000 on December 16, 2012; and (e) KRW 168,00 on January 268, 2013; and (e) KRW 2,694,00 won on February 15, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police statements of B and E;
1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent Article on criminal facts [the range of recommending punishment] and the reason for sentencing of Article 347(1) of the Criminal Code on the criminal facts have no basic area (6 to 100 million won) (6 months to 100 million won) (the special person) (the decision of sentencing].