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Defendant
A shall be punished by a fine of KRW 4,000,000.
Defendant
If A does not pay the above fine, 100,000 won.
Reasons
On February 5, 2013, the Defendant (Defendant A) obtained a loan after supplying concrete at the construction site and paying the amount to H for the employees of the victim Samsung C&S corporation at a closed factory located in G and 11 lots outside G at Jung-si on February 5, 2013
“.....”
However, the Defendant did not have the intent or ability to pay the price even if he was supplied with concrete from the injured party because the Defendant could not pay the price normally even if he was given a bank loan with a large amount of debt at the time.
Nevertheless, the defendant deceivings the employees of the victimized person as above, and was issued concrete 120 lux at the market price of KRW 7,800,012 at the above factory on the same day from the injured person.
Summary of Evidence
1. In light of the fact that the defendant's legal statement of the police defendant H contains a statement of "within 15 days after the time limit for payment" in the contract prepared by the defendant and the victim, and that the defendant deceivings the victim as if he did not have any intent or ability to pay the goods within the time limit for payment, and all the fact that the goods have been supplied by deceiving the victim to be supplied can be found guilty of this part of the facts charged.
Application of Statutes
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.
3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] of the Criminal Procedure Act for the crime of this case is that the defendant deceivings the victim and defrauds the goods equivalent to approximately KRW 7.8 million, and the nature of the crime is not weak.
The defendant was unable to receive a letter from the injured party.
[The favorable circumstances] The defendant shows the appearance of admitting and opposing the crime of this case.
The criminal records of the defendant are also the same criminal records.