A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant is a person operating a clinical processing company of electronic components called “E”, and the victim D is a person operating a printing circuit board of “F”.

In October 30, 2013, the Defendant would deliver PCB to the victim in Seo-gu Incheon, Seo-gu, Incheon, and would give approval in cash to the victim as of the end of the following month at the face of the State.

Although it was false, the Defendant paid KRW 6.4 million monthly installments of machines purchased from October 2010, and KRW 500,000 for KRW 100,000,000 for KRW 100,000,00,000, and even if the Defendant received the PCB from the injured party due to other clients’ obligations that should be settled rapidly than the injured party, the Defendant did not have any intent or ability to pay the PCB supplied by the injured party by the end of the following month.

The Defendant received PCB equivalent to KRW 7,983,640 from the injured party, from the time when he was supplied with the PCB until December 30, 2014, through the supply of 12 times, such as the list of crimes, and obtained a total of KRW 77,241,015 from the injured party.

Summary of Evidence

1. Legal statement of the witness D;

1. Part of the statement in the prosecutorial suspect interrogation protocol against the defendant [According to the above evidence, the defendant may receive delivery of PCB from injured persons and sell the PC and pay the price under the circumstances where it is not good to the financial status.

Since it seems that the PCB has been provided by the injured party, dolusent intent in fraud is recognized), the application of the law shall be applied.

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. Application of the sentencing criteria [Type Determination] : Class 1 (less than KRW 100 million) (Special Sentencing Person) (Special Sentencing Person): In cases where a person intentionally commits a deceitful act (the scope of the recommended punishment) by negligence, one month to one year;

2. Determination of sentence: The amount of money obtained by deceit for eight months shall be reasonable, but the crime of this case shall be committed with willful negligence.