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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 21, 2018, the Defendant would purchase all the clothing of “D” operated by the victim C in the first floor of the B building in 09:40, Seosan-si, B, 2018.
The current cash has no cash, so the price of the goods will be immediately transferred to the bank account.
“A false statement” was made.
However, even if the defendant has received goods from the injured party, it was thought that the goods will be sold and used individually, and there was no intention or ability to pay the goods to the injured party.
Nevertheless, the defendant deceiving the victim as above and issued 700 clothes, 19 vehicles, and 80 clothes at the market price of 3.2 million won owned by the victim from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and E;
1. The credibility is recognized in light of clothes, photographs, letters, and telephone call details (the victim's statement does not appear to be consistent, specific, and different circumstances, and the victim's statement in this court is also made consistent with the victim's statement, E also made a statement consistent with the victim's statement, and the contents of the text and telephone call contents at the time.
Although the Defendant purchased clothing from the injured party and immediately paid the price, he/she would sell the clothing and offer the price.
The defendant's act of deception and deception can be fully recognized.
On the other hand, although the defendant returned some of the clothing, it is unreasonable for the circumstances after the establishment of the crime).
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order return some of the clothes to the victim, but the victim's price.