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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 21, 2011, the Defendant introduced the "family travel from August 2, 2012 to August 5, 2012" to the victim D, and entered into a contract with the victim.
In order to establish airline tickets around May 2012, the Defendant sought from airlines the answer that the reservation has been completed by them, and he was aware of the fact that the aforementioned family travel goods could not be scheduled to proceed as scheduled. On June 5, 2012, the Defendant demanded the victim to conceal this fact and request the victim to deposit the above family travel money. The Defendant received eight million won from the Defendant’s bank account as of the same day, and 6.3 million won from June 29, 2012, respectively.
Accordingly, the defendant was given property worth KRW 14.3 million by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of a crime and reflective fact, the deposit of 2 million won for a victim, and the payment of the remainder of the damage is also made, the fact that the defendant is the primary offender, the amount of fraud, the motive and circumstance leading to the crime of this case, the family environment of the defendant, etc.);
1. Probation under Article 62-2 of the Criminal Act;