Text
1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2015, the Defendant: (a) around May 2015, at a mobile phone sales store (hereinafter “the instant mobile phone sales store”) located in Busan Island captain-gun; (b) “C” mobile phone sales store (hereinafter “the instant mobile phone sales store”); (c) the Defendant had been working before leaving the phone to sell the instant mobile phone sales store.
E agency (hereinafter referred to as “E agency”) will be transferred to E agency. If so, E agency will pay KRW 40 million for premium and pay KRW 10 million for premium within two to three months for the remainder of premium.
“The meaning of “.......”
However, while the Defendant did not have any specific property at the time, the Defendant was 14 million won in financial rights, and the employees’ benefits were paid as credit card loans, and the Plaintiff was unable to fully pay the profits agreed upon by the victim due to low business performance while operating the instant mobile phone sales store entrusted by the injured party. Therefore, even if the Defendant sold the instant mobile phone sales store to E agency, the Defendant did not have the intent or ability to normally pay the premiums to the victim.
Nevertheless, the Defendant made the victim sell the business of the instant mobile phone sales store to E agency business owner, and then he did not pay 10 million won premium to the victim while operating the instant mobile phone sales store at his own entrustment. As such, the Defendant acquired property benefits equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
2. Part of the protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the part concerning the statement of D);
3. Statement made by the police against D;
4. Complaint; and
5. A copy of a business entrustment agreement and a deposit passbook;
6. Application of Acts and subordinate statutes on deposit transactions;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. Social service order under the Criminal Act.