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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On August 30, 2016, the Defendant is the representative of G, a company that manufactures and supplies parts entering the F Company’s primary partner company to the victim E and trades.
In the future, H and goods supply transaction should be made with the original contractor, which is the main contractor, and the price for the main part for the delivery will be settled at the end of the following month at a time when the price for the part is paid.
“.......”
However, in fact, the Defendant had other obligations worth KRW 290 million at the time, and had to pay taxes, labor costs, and interest on loans, etc. from the original contractor. Therefore, the Defendant did not have any intent or ability to pay the cost even if he received the requested parts from the damaged party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim, a total of KRW 30,094,930 from around the above day to May 5, 2017, a total of seven times as indicated in the list of offenses as shown in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Complaint;
1. Notice of application for individual rehabilitation;
1. Application of the detailed list of sales transactions, and statutes on sales status;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Determination in consideration of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] and the reason for sentencing under Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 62(1) of the Act on the Punishment, etc. [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 62(1) of the Act on the Punishment