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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
B A is a person who is engaged in the business of internal relief by selling his or her massage, etc. after visiting a siren business upon the request of those who urgently need money, leaving him or her a siren, etc.
B: (a) around March 2016, the Defendant, the Defendant, and the Defendant, who had contacted with the advertisement that they could sell and be commercialized after leaving a siren, and the Defendant, who was aware of the inside of the name of the Defendant, wanted to sell and be commercialized.
B on March 21, 2016, at a place not known by the above mother, called “A will pay 129,500 won per month for 39 months, for a period of 39 months, the 1st century panty in the Republic of Korea and the 129,500 won per month for a period of 39 months.”
However, in fact, the Defendant and B did not have any intention or ability to pay the rental fee to the persons of the massage in fact because they were planned to sell and industrialize them even if they were provided with the persons who suffered from the damage.
On March 23, 2017, the Defendant and B received from the injured party the delivery of one of the above-mentioned persons at the market price of 5,050,500 won from Ctel 205 at a leisure time.
Accordingly, the defendant and B were provided property by deceiving the victim in collusion.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police officer under B;
1. Written statements of D;
1. Application of the Acts and subordinate statutes to the complaint;
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;
2. Article 62 (1) of the Criminal Act (Consideration of the fact that there is no previous conviction exceeding a fine, the fact that there is an agreement with the victim, and the fact that there is a reflective fact, etc.);