Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 19, 2018, the Defendant was sentenced to a suspended sentence of 8 months in the Seoul Northern District Court for the purpose of fraud on January 19, 2018, which became final and conclusive on January 27, 2018, and is currently under suspended sentence.
『2019고단1123』 피고인은 2018. 3.경 피해자 B, C에게 전기자전거 납품 계약서를 보여주면서, ‘미군기지에 전기자전거를 납품하는 계약을 땄다. 자전거 1대당 150만원 정도 가는데 3,000대 가량을 납품하고, 전기자전거 거치대, 보관소 등을 계약했다. 은행에서 100억원 정도 대출을 받아서 전기자전거를 구입하여 납품해야 하는데, 대출 금액이 크다 보니까 대출이 지연되고 있다. 은행 담당자에게 커미션을 주면 대출이 수월해질 것 같다. 3천만원을 빌려주면 2주 후에 대출을 받은 돈으로 바로 갚아주겠다’고 거짓말을 하였다.
However, the defendant did not enter into a contract for the supply of electrical bicycles with the U.S. military, and the defendant was forged, and the defendant thought that he would use the money received from the victims as the funds for the operation of the company in the situation where D's operating funds are insufficient at the time, and there was no intention or ability to use the money as the funds for the operation of the company, and therefore there was no intention or ability to receive the funds from the victims.
Nevertheless, the Defendant, by deceiving the victims as above, received from the victims B on June 26, 2018, KRW 10 million, and KRW 5 million on the same day from the victims C to the E-Union account (F) in the name of the Defendant respectively.
"2019 Highest 1643"
1. On July 2018, the Defendant entered into a contract with the victim I, a corporation operated by the victim H, who was located in Chungcheongnam-si, Chungcheongnam-si, under which the victim H was able to exclusively supply the victim with the product for meals incidental to the Defendant’s “B,” and the Defendant was able to exclusively supply the product for the purpose of meals incidental to the Defendant.
(b) the Commission; and