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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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 of "2013 Highest 4789" was a person who operates the Seoul Metropolitan Office, and when the panel was ordered by ordinary traders, the defendant paid the price upon completion of the panel production to C head office, and C head office has been delivered to the defendant as a trader.
On May 2, 2013, the Defendant made a false statement that “The Defendant would deliver the panel by June 7, 2013 to the victim E” in Article 4-107 of the Gyeyang-gu Incheon Building D-1007.
However, in fact, even if the victim received the panel price due to financial difficulties at the time, it was thought that it would be paid as the material price for the existing clients, and the victim did not think that it was used as the ordered panel price, so there was no intention or ability to deliver the panel to the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 16,50,000 from the victim as the down payment on May 3, 2013, and acquired KRW 2,942,275 under the remaining terms and conditions on June 10, 2013 from the victim to the national bank account in the name of the Seoul Seoul Office of Co., Ltd. and acquired each of the said money by fraud.
[2014 Highest 792] The Defendant sent a false statement to G of the F representative Director of the Victim’s Stocks at a place where the location is unknown on November 25, 2013.
However, in fact, the defendant was unable to pay the credit purchase amount of approximately KRW 400 million, and was intended to use it for other purposes other than the purchase of the sandd position panel as the price received from the victim. Therefore, the victim did not have the intent or ability to deliver the sandd position panel to the victim as deposit money from the victim.
Nevertheless, the Defendant, as a down payment on November 25, 2013, paid 300,000 won from the victim as down payment, and 2,730,500 won as the remaining payment on the 26th of the same month, and the additional payment on the 29th of the same month.