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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 22, 2016, 2016, the Defendant 150 of the 2017 Highest 150, the Defendant, from the D D D D operated by the victim C in North-gu, Northern-si, Mapo-si, Mapo-si, Mapo-si on June 22, 2016, the Defendant “4 million won as the Dapo-si payment” to the victim from June 28, 2016.
“A false statement” was made.
However, even if the victim received the advance payment, the defendant did not have the intention or ability to work as an employee of the victim.
As such, on June 26, 2016, the Defendant, by deceiving the victim, received 4 million won from the victim to the F Partnership account in the name of E designated by the Defendant from the victim, and acquired it by remittance.
On June 28, 2016, the Defendant stated that “If 4.5 million won is loaned to the victim as a prepaid payment, the Defendant would complete payment from the 30th of this month to the money to be received at the time of his/her work” from the victim H operated in Nam-gu G on June 28, 2016.
However, even if the victim received the advance payment, the defendant did not have the intention or ability to work as an employee of the victim.
As such, on June 29, 2016, the Defendant, by deceiving the victim, received 4 million won in total from the damage victim to the K Association account under the name of J, designated by the Defendant, and 5 million won in total to the E F Association account, and 4.5 million won in total.
Summary of Evidence
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Each police statement made to C and H;
1. Investigation report (victim C telephone investigation);
1. A statement of remittance, a certificate of borrowing, a written confirmation of electronic financial transfer results, and application of statutes governing a certificate of process;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] No person who has no basic area (from June to one year and six months) [the person who is subject to special sentencing] [the person who is subject to special sentencing] [the decision of sentencing] [the defendant] has several records of having been subject to punishment for the same kind of crime, and this case is a case.