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A defendant shall be punished by imprisonment for four months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On July 27, 2013, around 08:00, the Defendant made a false statement to the victim C, stating that “The Defendant would sell a place where construction materials are stored, 1,500, 529, 16,000, and 529,000,000,000 won, at E in Dosan-si, Sinsan-si.”
However, fact is that the above cross-section pipe and safety pipeline were owned by F, and the defendant did not have the right to dispose, so even if he received the payment from the injured party, he did not have the intention or ability to sell it.
As above, the Defendant deceiving the victim, and caused the victim to enter into a contract to purchase the non-intersection pipe 1500, and 529 safe sprink 16 million won, and acquired the amount of KRW 16 million from the same day to the account (H) prior to the bank in the name of G designated by the Defendant.
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 the specifications of separate accounts and investigation reports (Evidence List 5);
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. The sentencing of Articles 32(1), 25(3)3, and 25(4) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for the Dismissal of Application for Compensation and all the sentencing conditions recorded in the records, including the circumstances following the sentencing of the Defendant, the age, sex, environment, and the circumstances before and after the instant crime, shall be determined as ordered by taking into account the following circumstances.
It is not agreed with the victim that the crime of this case is being committed.