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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 2016, the Defendant told D’s representative E at the C Office located in the North-U.S.-gun B prior to Jeju-do, that “The Defendant would promptly receive the price in cash within one month, and deliver it to the victim G who operates F through the above E.
However, in fact, the Defendant had already received the steel bars in Jeju-do and there was no amount to be paid any more than in advance. The Defendant was obligated to pay the said E the steel bars worth KRW 2.50 million, and the Defendant was unable to supply the steel bars due to the cancellation of KS and was in a state of absence of certain income, so there was no intention or ability to pay the steel bars even if the Defendant received the steel bars from the injured party.
The Defendant, as seen above, was delivered 28.485 tons of the iron bars worth KRW 14,909,427 around October 25, 2016 from the victim by deceiving the victim and deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. A complaint filed by G;
1. Application of Acts and subordinate statutes to investigative reports (to attach a copy of a statement of transactions, to persons for reference E phone statement, and to hear statements from reference witnesses E);
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant acknowledged the instant crime for favorable reasons for sentencing; and (b) the Defendant has no record of having received criminal punishment, in addition to the punishment imposed twice for the instant crime.
There are no damages due to unfavorable circumstances.
In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.