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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who works to supply bedclothess, etc. to a hotel with the trade name of B, and the victim C (the age of 57) is a representative director of D who produces bedclothess, etc.
1. On July 27, 2015, the Defendant made a false statement to the effect that “The Defendant would receive the price of supply from a hotel up to two months on the face of a week by supplying bedclothess to a new G hotel in the process of construction, while providing bedclothess to a new G hotel” at the victim’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government E building F.
However, at the time of fact, it was difficult for the Defendant to obtain a loan of KRW 3 million from a lending company without any particular property or monthly income. Although he received a down payment of KRW 40 million from a G hotel on April 10, 2015, he used it in another place, even if he/she received the remainder from a G hotel, he/she did not have the intent or ability to pay the price for supply within two months even if he/she received a bedclothes from the victim as personal debt repayment, business fund, etc.
As above, the Defendant deceptioned the victim, and received bedclothess from the victim on August 31, 2015 and around September 15, 2015 at G hotel at Jeju on September 15, 2015, including 184,792,663 won.
2. On January 19, 2016, the Defendant made a false statement to the effect that “The Defendant would receive the price of supply from a hotel on the face of the main hotel in order to supply bedclothess to the Seoul H hotel, while supplying bedclothess to the victim’s office located in the victim’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government E building F of the building.”
However, at the time of fact, the defendant was in the economic situation such as the statement in Paragraph 1, and even if he received the supply of bedclothes from H hotel, he thought that it will be used as personal debt repayment and business funds of the defendant, and there was no intention or ability to provide the supply of bedclothes even if he received bedclothes from the victim.
The Defendant is as above.