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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operated a cafeteria located in Tong Young-si B from December 15, 2018 to July 2019.
The defendant, around March 2019, stated in the written indictment to the Dispute Resolution Co., Ltd., which is located in Kimhae-si D, the victim is "F" but the victim is in mind as stated in its reasoning.
In the office, it was false to the effect that the actual operator of the victim F will pay the price to F within one month from the date of delivery if he/she supplies satisfy, such as a long-term death.
However, the Defendant, at the time, was liable for the personal debt worth KRW 300 million, and the amount of value-added tax KRW 13 million, insurance premium KRW 8 million was overdue, due to sudden decline in sales, operated a restaurant in the state of the enemy, and was in excess of his/her liability, such as there was no particular property, so even if the victim received the meat from the victim, he/she did not have the ability or intent to pay the price normally within one month.
The Defendant, by deceiving the victim as above, was supplied by the victim with 19,796,440 won at the market price around March 26, 2019, and was supplied with 14 times in total from around that time to July 5, 2019, with 81,933,665 won as stated in the annexed crime list.
Summary of Evidence
1. Application of Acts and subordinate statutes of the Police Customer Director (C) to the defendant's statement statement F
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: One month to ten years of imprisonment;
2. Reduction factors of less than KRW 100,00 [type 1] reduction factors: In a case where a person intentionally commits a deceptive act without fault or a case where the degree of deceptive act is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year; and
3. Determination of sentence: Imprisonment for not less than eight months; and