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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 2015, the fraud Defendant supplied the victim’s “F’s textile trade business” to the victim at the E office of the victim’s D operation in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s 3rd floor, and processed it to G producing professional camping products by processing it, and received the price from G to the end of the following month.
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However, the facts indicate that the Defendant did not deliver the clothing to G, but the Defendant supplied the clothing to a company with a good credit rating and made a timely payment of the price. Moreover, at the time, the Defendant borrowed money from the lending company, the bond company, etc. for the lack of business funds and did not have any intent or ability to pay the price properly even if he received the original amount from the injured party.
Around August 2015, the Defendant received from the injured party the total sum of KRW 26,796,94 from the F Office of the Defendant’s operation of the Defendant, Young-gu, Yongsan-gu, Busan-gu, Seoul-si, equivalent to KRW 3,876,994, KRW 7,915,985, KRW 15,985, KRW 15,003, KRW 219, KRW 219, KRW 26,796, and KRW 198, and was supplied at the above place on September 2015, and did not pay the said amount at all time.
2. On May 4, 2015, the Defendant violated the Resident Registration Act: (a) remitted money from a post office cash withdrawal machine located in Yongsan-gu, U.S., U.S. on or around 16:16, U.S. and U.S., U.S., U.S., U.S., in order to pretend the Defendant’s remittance; (b) deposit money from the bank located in Yongsan-gu, U.S., U.S., U., U.S., U., U.S., U., U.S., U., U.S., U., U.S., U., U., and U.S., U.S., U., U.S., U., U.S., U., U., U., U.S., to the extent that the money is transferred without the account; and (c