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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operated DMat (hereinafter “Mat”) in Yeongdeungpo-gu Seoul Metropolitan Government from January 2, 2015 to July 2015.
On May 2015, the Defendant made a false statement to the effect that “The Defendant would open Maart to the victim F through E, and would pay the last day of the month for the quantity supplied by the new company by the 25th day of each month when he/she supplies household goods, such as cremation and physiological, to the victim F by the 20th day of each month, and pay for the first and second supply quantity by 70% of the last day of May 2015, and pay the last day of June 2015.”
However, in fact, the Defendant, without any particular property, entered into a set lease agreement with the owner of the building around December 2014, but was unable to pay monthly rent from the date immediately after the lease, and was unable to pay monthly rent of 100 million won or more with the cost of the set facilities, etc., and thus, the management of the set was not properly performed. Therefore, even if the goods are supplied from the injured party, there was no intention or ability to pay the price.
On May 7, 2015, the Defendant received from the injured party the total market value of KRW 1,359,00,000, such as cremation and physiological bags, and around May 11, 2015, goods equivalent to KRW 11,084,250, such as cremation and physiological bags, respectively.
Accordingly, the Defendant, by deceiving the victim, received approximately KRW 12,443,250 in total from the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the law of the police statement protocol to F;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of Article 62(1) of the Criminal Act and there is no basic area (6 months to one year and six months) (the person subject to special sentencing) [the decision of sentence] [the person subject to special sentencing] of Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of Article 62(1) of the same Act - The fact that erroneous circumstances are favorable