Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On December 11, 2009, the Defendant was sentenced to five months of imprisonment for fraud at the Ulsan District Court on February 14, 201, and the execution of the sentence was terminated on February 14, 2010. On November 13, 2015, the Ulsan District Court sentenced one year of suspended execution to four months of imprisonment for fraud, and the judgment became final and conclusive on November 21, 2015.
1. On August 1, 2012, the Defendant: (a) at the office of the victim C’s office located in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant: (b) sold materials to E, the head of the business office of the said D Co., Ltd. to E, the head of the business office of the said D Co., Ltd; (c) supplied materials to F, which is constructing a major complex building in Busan-gun; and (d) traded with the supplier that is located
B. It will pay the construction materials to B within two to three days a week from the delivery of the construction materials to B.
“.....”
However, in fact, the Defendant did not enter into a transaction contract with the delivery company at the above F and the articles of incorporation. Under the circumstances where monthly profit was about 1 million won, the Defendant paid KRW 50,000 per month interest on the obligation of the National Bank, and delayed payment of KRW 10,000,000 per month, and there was no intention or ability to pay the said amount even if the Defendant received the construction materials from the damaged party, since there was a situation where the Defendant was unable to refund other goods payment obligations, such as KRW 7,00,000,000 for the Poter, and there was no intention or ability to pay the amount.
On August 1, 2012, the Defendant received, from the injured party, three bags equivalent to KRW 39,000 at the market price, from the Defendant, from around August 1, 2012, from that time, the Defendant received the total of KRW 73,428,395, as indicated in the list of crimes in the attached crime, from that time until March 20, 2013.
Accordingly, the defendant was given property by deceiving the victim.
2. As described in paragraph 1 above, the Defendant received construction materials from the victim C (51 tax) as stated in the above paragraph (1), but failed to pay the materials and received demands from the injured party for reimbursement. As such, the Defendant was able to demand reimbursement from the injured party on April 23, 2014.