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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 24, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Busan District Court on August 16, 2015 and the said judgment became final and conclusive on January 16, 2015.
The Defendant, around September 2013, 2013, called “D” for the Defendant’s operation of the Defendant in the Dong-gu Busan Metropolitan Government, called “D”, “F of the Busan Metropolitan Government Branch Co., Ltd., Ltd., would pay the price normally if the goods are supplied.”
However, the Defendant was unable to receive the price of the goods worth KRW 270 million due to the default by the Customer on August 2012, and the Defendant had business difficulties due to such failure, and was also liable to pay KRW 130 million to the Korea Credit Guarantee Fund in addition to the liabilities of KRW 100 million to the Savings Bank and Loan Business Entities. The Defendant was also liable to pay KRW 70 million to the Savings Bank and Loan Business Entities. The goods supplied by the victim were sold at a discount without selling them normally, and thus, the Defendant did not have the intent or ability to pay the price normally even if the goods were supplied by the victim.
그럼에도 불구하고 피고인은 위와 같이 피해자를 기망하여, 이에 속은 피해자로부터 2013. 9. 30. 28,700,000원 압핀 등, 같은 해 10. 31. 910,000원 상당의 책철대 등, 같은 해 11. 30. 27,046,500원 상당의 파워G-205캇타 등, 같은 해 12. 31. 공소사실 기재 ‘같은 해 13. 31.’은 오기임이 명백하다.
A total of KRW 57,412,500, such as a strawer, etc. which is equivalent to KRW 756,000, were supplied four times in total and acquired each by fraud.
On November 29, 2011, the Defendant, “2015 Highest 2735”, on the condition that at the G agency of Hyundai Motor Co., Ltd. located in Geumcheon-gu, Busan around November 29, 201, a lease fee of KRW 1,389,00 per month shall be paid to the victim for 60 months, on the condition that he leases and uses JJ EF car equivalent to KRW 69,00,000, the market value of which is owned by the victim.