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A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the invalidation of indication in the line of duty is acquitted.
Reasons
Punishment of the crime
The defendant was a person who operated the munitions supply business in the name of "C" in the two states, and became aware of the victim E, who is a father of D through friendly arrest D.
1. On August 17, 2016, the Defendant made a false statement to the victim on August 17, 2016, stating that “I would sell munitions in the inland shopping mall where I supply them, and if I would supply the items immediately after I would supply the items first, if I would supply the items.”
However, at the time, the Defendant was liable to F for approximately KRW 7 million, approximately KRW 11 million for G, approximately KRW 6.4 million for H Company, approximately KRW 8 million for J Bank, KRW 10 million for J Bank, and KRW 40 million for K. Since the Defendant was in a poor state of business, it was thought that the Defendant was able to use the goods for its own business or cost of living, and there was no intention or ability to provide munitions to the victim.
The Defendant, as above, by deceiving the victim, received KRW 30 million from the victim’s L association account in the name of the Defendant.
2. On August 31, 2016, the Defendant made a false statement to the victim that “I will pay back to the extent of two weeks if I lend KRW 30 million to the victim,” on August 31, 2016.”
However, at the time, the Defendant was liable to F for approximately KRW 7 million to G, approximately KRW 11 million for H, approximately KRW 6.4 million for H Company, approximately KRW 8 million for J Bank, KRW 10 million for J Bank, and KRW 40 million for K. Since the Defendant was in a poor state of business, there was no intention or ability to repay money in return for the promise from the victim.
As above, the Defendant, by deceiving the victim as above, was delivered KRW 20 million on the same day to the L Union account under the name of the Defendant, and KRW 10 million on September 9, 2016 to the victim, respectively.
Summary of Evidence
Witness
E and M respective legal statements are made to the accused.