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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
The Defendant is engaged in rice distribution business as the representative of C Co., Ltd. (hereinafter referred to as “C”), and the written indictment to a policeman on December 2, 2015 is called “Sman firstman on January 2, 2016.” However, in light of the first transaction point, the Defendant appears to be “Sman on December 2015.”
From approximately one week, a contract was entered into to supply rice from the victim joint agricultural cooperatives at intervals of one week and to pay the rice in the next transaction.
On February 5, 2016, the Defendant made a false statement to the effect that “D who works for the victim’s association at the Gohap-ro 107-ro Madon rice processing site, Jin-si, Jin-si, Seoul Metropolitan City, would supply rice to other customers and pay the price by the next transaction day.”
However, in fact, the defendant's financial situation such as the total debt amount of 294,908,830 won in 2015 and the total debt amount of 2016 exceeded 430,613,294 won and has been capital potential, and there is about 100,000,000 won, and the defendant's personal debt amount of approximately 300,000,000 won has considerably deteriorated and the defendant's personal debt amount of 2015 has been supplied to the customer, and even if the rice amount was supplied to the customer, there was no intention or ability to pay the amount to the victim.
Ultimately, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim, the total market price of KRW 47,610,000 from February 5, 2016, KRW 20km 1,320, 10km 120, and the total market price of KRW 24,840,00 from March 10, 2016, the Defendant received KRW 20km 660,100, 120, and the total market price of KRW 24,840,00,000 from the victim; and (c) received from the victim, around March 18, 2016, a total of KRW 24,840,00,00 from the total market price of KRW 20,720,00.
Summary of Evidence
1. Each statement of witness E and D in the five-time public trial records;
1. The second written protocol concerning the examination of the accused to the prosecution;
1. Investigation Report (this case)