beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 23, 2009, the Defendant made a false statement on June 23, 2009 that, “E” operated by the Defendant in Jinsi-si (C) on the part of the Defendant, the Defendant supplied approximately 10 and 20 of the car 10 and 20 of the car 20 of the car 20,000 won on the day, and paid the remainder five million won after three months of the payment.”
However, in fact, “C” operated by the victim at the time was almost little of operating income, and the suspect was in excess of the total amount of 55 million won, such as credit card overdue payments and bank loans, and thus, the victim did not have the ability to pay the balance normally after three months even if he/she received the said goods from the victim.
The Defendant, as such, by deceiving the victim through the above F, did not pay the remainder of KRW 5 million, with only KRW 10,000,000,000,000, and only KRW 20,000,000,000,000 at the market price of the same day from the victim.
Accordingly, the defendant, by deceiving the victim, acquired financial benefits of 5 million won.
2. On July 16, 2009, around July 16, 2009, the Defendant was supplied about 20 and 40 Kabs in total amount of KRW 14.4 million and 14.40 Kabs in the market price additionally supplied by the business employees F of “E” operated by the victim D as if he would normally pay the price at the place described in paragraph 1, around July 16, 2009.
However, at the time, the defendant did not have the ability to pay the price normally as stated in paragraph 1.
The Defendant, as such, by deceiving the victim through the above F, did not pay the victim the total amount of 14,440,000 won, and 40,000 won, even though he was supplied with about 20 car and 40,000 won.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits of 14.4 million won.
Summary of Evidence
1. Statement by the defendant in court;
1.F.