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A defendant shall be punished by imprisonment for six months.
except that 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
The Defendant, from May 17, 2018 to March 15, 2020, operates “C” a “stock company,” which is located in “C” in smuggling.
1. On December 20, 2020, the Defendant committed the crime of January 2, 2020, at the victim E’s “F” office located in Syang-si around December 20, 2019, the Defendant falsely concluded that the Defendant would purchase the victim’s steel products equivalent to the total amount of KRW 25,454,00, such as the sn beam beamline, by credit card at present, and the remainder KRW 21,454,00 by January 20, 2020.”
However, in fact, the business entity operated by the defendant has deteriorated the state of enemy, and around 54 million won has been in arrears with financial rights and credit card use payment obligations, so there was no intention and ability to pay steel products even if they are supplied by the victim.
Nevertheless, around January 2, 2020, the Defendant received a total of KRW 25,454,00 from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 7, 2020, the Defendant committed the crime of February 7, 2020 stated that “The Defendant would purchase steel products equivalent to KRW 319,00,00, such as additional scrap metal,” and that “the Defendant would pay KRW 21,773,000, total amount of KRW 21,773,00,000, including the remainder of KRW 21,454,00,000, on the end of February 2020.”
However, in fact, when the state of business has deteriorated as stated in Paragraph 1, the defendant has a large amount of liability, and even if he is supplied with steel products, he/she did not have the intent and ability to pay the price.
Nevertheless, around February 7, 2020, the Defendant received steel products worth KRW 319,00 in total from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Data submitted by complainants, data on replies of credit details, and data on the submission of suspects;
1. Each report on investigation;
1. Application of the Acts and subordinate statutes to the complaint;
1. Each relevant Article of the Act concerning criminal facts;