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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
At the above B office around June 1, 2015, the Defendant made a false statement to the victim C that “A building is being constructed in Daegu Dong-gu, Daegu Dong-gu, and that, upon delivery of steel bars, the price would be paid immediately.”
However, in fact, the Defendant was a bad credit holder at the time, and there was no intention or ability to pay the price even if he was delivered with the fact that not only did not have any particular property but also the obligation was equivalent to 130,000,000 won.
As such, the Defendant, by deceiving the victim, obtained the delivery of 25.18 tons (H10:6.587 tons, H13:8.595 tons, H16:872 tons, and H19:8.064 tons) of steel bars equivalent to KRW 16,025,284 from the victim and acquired them by deception.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the suspect interrogation protocol of the accused by the prosecution;
1. Statement of F in a police suspect interrogation protocol;
1. Statement made to C by the police statement;
1. Application of each of the Acts and subordinate statutes in which copies of transaction statements and copies of delivery certificates are entered;
1. The relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act (Appointment of Imprisonment with prison labor): (1) month to 10 years [the scope of applicable sentences under the law] fraud [the decision of a sentence of imprisonment] and 10 years (the decision of a sentence of imprisonment]; (2) basic area / [the scope of a recommendation] June to 1 year / [the scope of a recommendation]. - Major reasons for writing : negative non-agreement - If positive damages are considerably small, substantial damages are considerably small, or considerable damages are recovered: In a case where there are negative criminal records of the same kind or where there are no efforts to recover damage (the decision of a sentence of imprisonment with prison labor) before being sentenced to 16 million won or more by deceiving the defendant, and immediately dispose of them, and the defendant did not make efforts to recover the same kind of crime in order to pay the remainder to the victim for over one year after using the remainder of his/her obligation.