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A defendant shall be punished by imprisonment for one year.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
From April 2017 to June 2017, the Defendant is a person who has operated gold-type manufacturers with the trade name “E” in the Nam-gu Incheon Metropolitan City building C building D, and a gold-type manufacturers with the trade name “H” from July 1, 2017 to November 10, 2017.
1. On April 29, 2017, the Defendant stated that “The Defendant would pay the amount of parts after two to three months from the prime delivery of gold parts to our company” to the victim I at the above office E Co., Ltd.
However, at the time of fact, the Defendant had no intention or ability to settle the price within a fixed time limit, even if he/she received the parts from the injured party because he/she did not own any specific property that is equivalent to approximately KRW 400,000,000.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received a total of KRW 56,181,840 from April 29, 2017 to August 31, 2017 from the victim, and acquired it by deception.
2. On July 2017, the Defendant stated that “The Defendant would deliver gold-type parts to the victim B at the end of the next month after the delivery thereof to the company, and until the end of the next month.”
However, at the time of fact, the defendant did not have the intention or ability to settle the price within the fixed time limit even if he received parts from the injured person for the same reasons as the above 1.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received a total of 65,903,178 won from July 28, 2017 to October 19, 2017 from the victim, and acquired it by deception.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to B and I;
1. Application of Acts and subordinate statutes of each electronic tax invoice, each authentic copy of a process deed, and specifications of transactions;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.