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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
The defendant of "2015 Gohap 325" has 390,000 mobile phone ELDs to the victim in the Red bean around the end of November 2013.
It is possible to calculate USD 9.8 per unit to deliver the price to USD 9.8 as soon as possible.
different. The phrase “....”
On December 13, 2013, the Defendant received from the injured party the remittance of the above bill ( approximately KRW 368,940,000 in Korean currency) in total, KRW 4.1 million ( approximately KRW 481,46,70 in Korean currency) on December 20, 2013 and KRW 4.61 million ( approximately KRW 850,46,70 in Korean currency) on December 26, 2013.
While the defendant kept the above bill for the victim, he embezzled it at his own discretion without the consent of the victim around that time.
In August 2015, the Defendant supplied the victim E with the sum of USD 49,920 equivalent to USD 38 of the unit price supplied by ELD Rolasm. “The Defendant supplied the victim E with USD 1,167,360 in total at around 1,167,360.
10 million won is deposited as down payment.
For the down payment of KRW 100 million, apartment houses living in the country will be set up as security.
“A false statement” was made.
However, even if the defendant receives money from the injured party, he was planned to use not only the victim's intent or ability to supply the victim with the victim's 6 EL dials, but also the victim's personal debt repayment.
On August 31, 2015, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the foreign exchange bank account under the name of the Defendant, as the down payment for goods.
Summary of Evidence
1. The defendant's statement in court 2015 Gohap 325;
1. Evidential materials submitted by the complainant;
1. A investigation report (a detailed statement of the transaction of the bank for KRW 800 million received by the suspect A) 2016 Gohap 3;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a detailed statement of remittance of money from damage;
1. The relevant law as to the crime, the choice of punishment, and Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the Criminal Act.