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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 14, 2014, the Defendant made a false statement to the victim’s D Company B’s office operated by the victim C, which read, “The Defendant would supply the scrap metal generated after the removal of the factory to the victim, 24 million won, if he/she had the right to carry out the removal of the 71 Simtex No. 1014,00,000,000,000 won, to the victim’s office operated by Simt City C.”
However, the defendant did not have any intention or ability to supply scrap metal generated from the removal work to the victim because he/she has no right to do so at the above removal work site.
As such, the Defendant, by deceiving the victim as such, received KRW 24 million in total from the victim as a community credit cooperative in the name of the Defendant, under the pretext of the scrap metal, under the pretext of the victim’s scrap metal.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to investigation reports (Submission of details of transactions by victims and confirmation of details of transactions to the accounts of community credit cooperatives of suspects);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General Fraud (less than KRW 100,00) [1-1 year] mitigation area (person with special mitigation], or where considerable damage has been recovered [decision of sentence], amount of fraud, agreement with the victim, circumstances leading to the crime of this case, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc., shall be considered and decided as ordered within the scope of sentencing guidelines.