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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who has operated a wholesale and retail business with the trade name of “C”.
On November 2013, the Defendant stated that the Defendant called the victim Ssti Co., Ltd., Ltd., located in Ansan-si, Sungsan-si, Sungcheon-si, 713-5 Silcheon-gu, 4Ma715, and that “Ato pay the price as of the end of the following month, if I would pay the price for the product.”
However, at the time, the Defendant, while the debt incurred from the operation of the company was accumulated, had a total of 2,00,000 won payable to the Customer, and due to attempted construction cost of 200 million won, the financial situation of the company has deteriorated due to the aggravation of the company’s capital, and the victim was supplied with the material from the victim company, and was trying to raise funds necessary for the operation of the company, etc. by selling the material at low prices to other companies. Therefore, even if the victim was supplied with the material from the victim company, the victim company did not have the ability to pay the material normally.
As above, the Defendant received a false statement from the victim company from November 4, 2013 to December 2, 2013 and acquired a total of KRW 91,552,305 from the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes on each tax invoice, receipt, and account transaction details;
1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 to 1 year and 6 months) [the decision of sentencing] of the basic area (6 to 100 million won] [the decision of sentencing] (the decision of sentencing was made] of the defendant who committed the crime of this case in the course of his business as the primary offender, but there is a favorable circumstance such as that the amount of damage did not reach an agreement or recover from damage even