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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
On December 2014, the Defendant was operating a company called "E" located in the first 816th Do-dong-gu Seoul Metropolitan City D Building No. 1 D, and called "E" to the Victim F, who called "LG G2 mobile phone L CD No. 60,000, was secured through an official sheet, additionally securing 30,000 non-official sheet, and sent goods on the face of the price.
The phrase “ makes a false statement.”
However, even if the defendant receives money from the injured party, he/she thought to use it for his/her personal business, and he/she did not have any intent or ability to supply the above LROMs to the injured party.
Nevertheless, the defendant deceiving the victim as above and stated the amount of KRW 300,000 on January 6, 2016 in the warehouse located in Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-si, in the name of L CD price, and the facts charged on January 16, 2016 as "1.14." However, it is deemed that it is a clerical error of "1.16.1.6." Thus, it is corrected.
It received 40 million won in cash and acquired 740 million won in total by defraudation.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Entry of the defendant in part in the first trial record;
1. Some of the protocol concerning the examination of the suspect against the defendant;
1. Copy of a certificate of cash storage, details of electronic bidding in LG, etc.;
1. Application of Acts and subordinate statutes to record recording, or verify facts concerning entry or departure;
1. Determination as to the defendant and his defense counsel's assertion on the relevant criminal facts under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act
1. Although the Defendant received KRW 740 million from the injured party, he/she did not defraud the said money by deceiving the injured party as follows.
A. The Defendant received a mobile phone CD bid from the former LG, and agreed to supply it to the victim. The Defendant actually committed on December 12, 2014, 30,000 of G2 mobile phone CDs, which was tendered by the former LG prior to the Defendant, on the same day.