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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 3, 2015, the Defendant called (ju) business directors under the name of the victim D at a non-permanent location on August 3, 2015, and sent the price to the domestic company after creating a new launch in China if the Defendant supplied the salt gas required for new production in the Chinese factory.
“Falsely speaking, it was supplied from the injured party with the amount of KRW 2,812,50 equivalent to the supply value of KRW 2,812,550 around that time.
In fact, the Defendant was unable to pay KRW 200 million from around 2014, which was supplied by the injured party, and the financial situation was not smooth, such as providing the injured party with the amount equivalent to KRW 9,400,00, which he had been in his custody as collateral, and even if he was supplied with the deceased by borrowing the above believers, the Defendant did not have any intent or ability to supply the deceased.
Ultimately, the Defendant received from the injured party the supply price of KRW 2,812,550 from around 1,081,00 from around 2,00,00 from around 19 December 19, 2015, the Defendant received the supply of KRW 109,086,250, in total, KRW 41,956.25,00 from around 10 times, as indicated in the list of crimes in the attached crime list.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. A statement of transaction details [the defendant and his defense counsel denies the intent of defraudation, but there is no agreement between the defendant and the victim to postpone or exempt the payment of the price of the said crime on the grounds that there is considerable amount of satisfaction corresponding to 9,400 that the defendant had been in custody with the victim, and ② The defendant was responsible for the new production factory in China, but there was no way to settle this dispute over the disposition of the victim and the above 9,400 satisfaction.