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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On August 8, 2015, the Defendant entered into a contract with the victim C at a comprehensive food material distribution office located in each Gyeonggi-si, Nam-si, 826-3, each of which is located in each of the Seoul-si, and 826-3, with the purchase price of KRW 28,00,000,000.
However, from July 2015 to August 5, 2015, the above company had insufficient operating expenses, and there was no difference in the cost of purchasing food at around August 5, 2015, and thus, even if the Defendant received the cost of acquiring the vehicle from the injured party, he/she did not have the intent or ability to pay the said money to the original borrower of the vehicle paying the said money to have the victim acquire the vehicle loaded.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 100,000,000 to the Agricultural Cooperative Account in the name of each Defendant as the down payment on August 10, 2015; and (c) KRW 19,000,000,000 as the acquisition price on August 24, 2015, to the victim, from
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a report on investigation (D Telephone Statements);
1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of punishment [the scope of recommendation]] under the basic area (from June to January 1, 6] (the person who has been sentenced to special sentencing] [the decision of sentencing] is against the defendant, and efforts are made to pay damages.
In consideration of the fact that the punishment is imposed, the amount of fraud (20 million won), the living environment of the defendant (9 years and 5 years of age), the criminal records (no record of punishment exceeding the fine) and other factors, the punishment for minor punishment shall be imposed more than the minimum limit of the recommended punishment, and the punishment shall be determined in the same manner as the order shall be determined.