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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, who operated “D” in Seoul Jung-gu, Seoul, from around 1992 to January 2015, was called “D” to the victim E at the early 2014 place and called “the importing bank is necessary.”
If 40 km calls 60 g of the importing bank to send 60 g of the vehicle, it will pay the outstanding amount including 3 million won.
“ ..........”
However, the Defendant, at the time, has accumulated the outstanding amount with respect to “F”, which is another supplier. Around 2012, the Defendant invested approximately KRW 6-700 million in yellow and Do agricultural company, but repeated failure. As such, even if the Defendant supplied and sold the imported bank, etc. from the injured party, the Defendant merely thought that the sales amount would be invested in the agricultural company, but did not have the intent or ability to pay the payment to the injured party.
Nevertheless, the defendant deceivings the victim as above, and he received 60,000 won from the victim on July 9, 2014 at the market price of 7.2 million won from the victim, and thereafter, from around that time, the defendant was paid 60,000 won to the importing bank.
9. Until June 16, the Plaintiff was supplied with a bank, night, etc. worth KRW 78,715,000 in total at nine times from the victim, as described in the list of crimes in the attached Table, by making a false statement to the effect that the Plaintiff would pay the amount if the bank, night, etc. was sent to the victim by the same method.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. A criminal investigation report (Submission of a written confirmation of payment of goods);
1. A certificate of confirmation of request for deposit in another place;
1. Application of Acts and subordinate statutes on trading specification lists;
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant partially repaid, there was a long-term transaction relationship with the victim, and the defendant's age, sexual conduct, and circumstances after the crime are considered disadvantageous to the defendant.