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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 around October 11, 2013 at the Dong-gu Incheon Metropolitan City Office No. 2-118 of the B building B, and the victim C "Is up to the Geong Industrial Complex", but it has not been purchased due to the lack of funds.
The principal and the profits shall be fully paid within one week by selling and selling the above Cheongbaon on the face of the investment of KRW 20 million.
The phrase “ makes a false statement.”
However, in fact, the defendant did not have a plan to buy Cheongba, and even if he received the above money from the defendant, he did not have the intention or ability to repay it.
The Defendant received from the injured party a remittance of KRW 20 million from the account of the Defendant’s name in the name of the same day of investment.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes that attach details of transactions, such as a complaint, deposit receipt, Kakao Stockholm photographs and transaction details;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] is reduced area (one month to one year) [the person subject to special mitigation], the penalty of which is not imposed, or damage corresponding to a considerable part is restored;
2. Determination of sentence: (a) the Defendant recognized and reflected the instant crime; (b) the fact that the Defendant was smoothly agreed with the victim is favorable; and (c) the fact that the Defendant was punished for the same kind of crime is committed under the unfavorable circumstances; and (d) other factors such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime; and (e) the circumstances after the instant crime, etc. shall be determined as ordered.