beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 28, 2008, the Defendant, “E” operated by the victim D in the fiveth floor of the Busan Dong-gu C building in the Busan metropolitan city, sent the same attitude to the victim’s husband F to “E” with the victim’s husband F, “I will have much experience in selling healthy food, and will sell safe-to-faced health food, so I would like to pay back if I would pay back.”
However, even around 2007, the Defendant sold health food and had no intention or ability to pay the aforementioned advance payment in a normal manner, even if the Defendant received advance payment from the victim, such as due to a failure to pay the advance payment from the “G” due to sales performance. The Defendant had no intention or ability to pay the advance payment, even if the Defendant received the advance payment from the victim.
Nevertheless, on January 28, 2008, the defendant deceivings the victim as such and was paid 15 million won to the defendant's national bank account under the pretext of advance payment by the victim.
On May 10, 2007, the Defendant stated that “Around May 10, 2007, the Defendant would pay the victim KRW 5 million to the company with health and food sales experience, sales of health and food with outstanding business ability, and payment of KRW 5 million to the company,” at the (State) J office operated by the victim I in Busan, the Busan, a local government-invested institution.
However, the Defendant had already been liable for 24.7 million won to the social company of the same kind, and was in a sudden situation to repay the existing debt. Even if the Defendant received advance payment from the victim, he did not have the intention or ability to repay the outstanding debt.
Nevertheless, the defendant deceiving the victim as such and received five million won from the victim, namely, the victim.
Summary of Evidence
"2013 Highest 2592"
1. Defendant's legal statement;
1. K. H.