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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who, from December 2, 2009 to February 2, 2014, served as a business employee in the “D” as a golf-making and sales chain in Gyeyang-gu Incheon Metropolitan City.
On December 2, 2013, the Defendant made a false statement with the victim “G”, which is a sales store for golf products operated by the victim F in Nam-gu Incheon, Nam-gu, Incheon, that “G,” the Defendant supplied the victim with the golf club in 2014.”
However, in fact, the Defendant, from early 2013, supplied a golf-related product sales store, such as “G”, to the London projector, which is a specialized company for golf products, with the purpose of promoting golf-related products produced in “D”, at a lower price than the wholesale price, was charged with the amount equivalent to KRW 80,000,000 for the goods, and there was no intention or ability to supply the said goods to the victim.
As such, the Defendant, by deceiving the victim, received KRW 18 million from the victim, around December 13, 2013, and received KRW 18 million from the victim, around December 18, 2013, transferred KRW 18 million to an enterprise bank account under the name of the suspect to the account, around December 20, 2013, transferred KRW 9 million to the same account, around December 23, 2013, and transferred KRW 9 million to the same account on December 23, 2013, and acquired KRW 6 million from the same account on December 25, 2013 to the same account on or around December 25, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to inquiries as a result of transfer;
1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the scope of punishment] and the basic area (6 to 1 year and 6 months) of the first category (6 to 100 million won) [the decision of sentence] is recognized and divided into crimes. However, there is no special person [the decision of sentence], but it is inevitable to sentence that a considerable part of damage is not restored (the amount of 23 million won is repaid).
However, this case.