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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 2, 2012, the Defendant entered into a supply contract with the victim for agricultural products processed goods by delivering implied land to D by the victim CFF corporation.
However, the Defendant did not have any intent or ability to pay the amount because of economic difficulties, such as there was no money during the time, and there was no amount of tax in excess of KRW 20 million, even if the Defendant received an implied decision from the injured party.
Nevertheless, the defendant was supplied by the injured party at the time of January 11, 2013 at an implied price of 3.6 million won at the market price, and the same year from around that time.
2. Until May 2, 200, a total amount of KRW 78,855,000 was supplied through eight times, such as the written list of crimes, and acquired the same amount by deceit.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
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 (as a whole, the selection of imprisonment and punishment);
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The scope of punishment is below 100 million won in general fraud, mitigation area (a year or less in prison) [the person who is subject to special mitigation] who is not subject to punishment [the amount of damage], the amount of damage, the agreement with the victim, and other factors of sentencing as shown in the argument of the instant case, including the character and conduct, criminal records, and motive and circumstance of the Defendant.