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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 14, 2015, the Defendant called the victim E, who operates a corporation D, at a place where it is not possible to identify the place, and there is 2,800 sets of the Accent learning clothes 2,800 sets in the Kimpo warehouse.
It was concluded that the article will exceed 140 million won, and this article will be able to be sold in online, offline, and in all other areas, including trademarks, at the time of selling the product.
Along with the fact that the inside of the Republic of Korea made a false statement that “the down payment will be sent first”.
However, in fact, this kind of clothes stored in the above Kimpo warehouse was not owned by the defendant, and there was a dispute between many persons about ownership in the process of sale after being provided as a loan to the savings bank. Since the defendant did not have a permit to sell the goods, and even if the defendant entered into a sales contract with the victim and received the purchase price from the injured party, there was no intention or ability to supply the goods normally to the victim.
On June 16, 2015, the Defendant was granted KRW 14 million to a corporate bank account in the name of F, and KRW 14 million around June 19, 2015 by the Defendant’s mother, who received KRW 28 million in total, from the victimized party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each protocol of suspect interrogation of the police against the accused and G (including each part of the whole examinations of the E, H, and I);
1. Each police statement made to E, I, and J;
1. A complaint, a certificate of all registered matters, a contract for trade of goods, a statement of deposit, a detailed statement of transaction, an electronic tax invoice, and a certificate of deposit confirmation;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination of the defense counsel's assertion under Article 62-2 of the Criminal Code of the Social Service Order
1. The assertion.