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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2018, the Defendant knew that the victim C, in front of the victim C’s house located in Cheong-do, Chungcheongnam-do, Cheong-do, was unable to seek a reduction in the use of the Ma-gu, Ma-do, and that “The Defendant would purchase a dry field at the face of the city and supply a reduction in the use of the Ma-gu, Ma-do, by purchasing a dry field at the face of the city.”
However, even if the defendant received money from the victim, he did not have the intention or ability to supply a reduction field with a sense of use at the end of a given period and was thought to be used as his debt repayment, living expenses, etc.
Ultimately, the Defendant, by deceiving the victim as such, received KRW 9 million from the victim as the purchase price for dry field around October 1, 2018, and KRW 4 million from October 11, 2018 to the Agricultural Cooperative Account under the name of the Defendant, respectively, in total, received KRW 13 million under the same name as the purchase price for dry field and received KRW 4 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused;
1. Statement to C by the police;
1. Each investigation report (Attachment to a detailed statement of deposit transactions submitted by a complainant), and the application of statutes (Attachment to a document of deposit transactions submitted by a suspect);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommendations according to the sentencing criteria (the determination of types) and the range of recommendations (the range of recommendations and recommendations) shall be limited to the amount less than KRW 100 million (the amount of punishment shall be limited to the category 1) and the amount of mitigation of punishment: The area of reduction [the scope of recommendations and recommendations], the area of reduction of punishment, and one month to one year;
2. Determination of sentence: 4 months of imprisonment with prison labor, 2 years of suspended sentence, the defendant deceivings the victim by deceiving him by wanting to seek a reduction of punishment with the knowledge that the victim needs a reduction of punishment, etc., and the crime is not good.
However, the fact that the defendant recognizes the crime and reflects the fact that there has been no past record of the same kind of crime so far, some of the damages have been fully agreed with the victim, and the relationship with the victim and the degree of damage.