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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal records] On February 19, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daegu District Court for six months. The above judgment became final and conclusive on February 27, 2016.
In addition, on February 10, 2017, the defendant was sentenced to imprisonment of one year and six months for fraud at the Daegu District Court. The above judgment was finalized on April 14, 2017, and the second criminal records were not stated in the facts charged. However, in response to inquiries such as criminal history and investigation report prepared in the process of investigation by the prosecution, it is stated that the defendant was sentenced to imprisonment of one year and six months for the same crime, and the defendant's side also asserted it in the process of public trial, it is necessary to make an addition without going through the amendment of indictment separate procedures.
[2] The Defendant entered into a contract with the victim H operating company G from February 2013 and received food for school meal service according to the pertinent contract. The Defendant entered into a contract with the victim H and received food for school meal service according to the pertinent contract. The Defendant received food for school meal service under the pertinent contract.
On November 1, 2014, when the Defendant issued orders to the victim on Cheongguri, rice rice, rice, etc., and supplied food materials to the victim, the Defendant paid the price to the following month.
However, the Defendant had no intention or ability to pay the price within the given period, even if the Defendant received the said price from the injured party, since the accumulated amount of the enemy incurred from August 2014 continuously exceeded KRW 400,000 at that time, and the amount of the obligation was to be exceeded KRW 400,000,000 by re-delivery of the food materials supplied by the injured party to the school.
The defendant was supplied with school meal food equivalent to 185,760 won at the market price, such as Cheongguri, rice rice, Cheongluri, etc. from the injured party.