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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On September 23, 2011, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for a violation of the Labor Standards Act at the Changwon District Court on April 23, 201, and the judgment became final and conclusive on October 1, 2011.
On February 4, 2009, the Defendant made a false statement to the effect that “C Company” located in Kimhae-si B would pay the price for supply by the end of the next month if the Defendant supplied the victim D with materials, such as Laos, etc.
However, there was no intention or ability to pay the price even if the material is supplied by the victim.
The Defendant received from the victim raw materials, namely, the money equivalent to the market price of KRW 1,468,50 from the victim.
From around that time to February 2010, the Defendant’s total market value of KRW 22,103,40 by the same method as indicated in the list of crimes in attached Form 12 times is “22,373,400 won.” However, in light of the current status of monthly sales, etc., the Defendant appears to be a clerical error in “22,103,40 won.”
The government received a considerable amount of raw materials and acquired them.
Summary of Evidence
1. Each police interrogation protocol against the accused;
1. Statement made to D by the police;
1. A complaint;
1. A tax invoice, monthly sales status, certificate of value-added tax base, certificate of income amount, and certificate of closure;
1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);
2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. Article 334 (1) of the Criminal Procedure Act.