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A defendant shall be punished by imprisonment for one year.
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
[200 Highest 845] The Defendant is a person who actually operates the “C” of the manufacturer of the motor vehicle installed in Daegu Southern-gu B and the fifth floor.
The Defendant, around September 2018, at the “F” office of the automobile repair company of the victim E located in Hanam-si, stated, “F” to the victim “F, the vehicle parts importer in Daegu, and the company operating within the Republic of Korea may live in the Republic of Korea, which is a partner company in Germany, and the G products, with small amount of parts attached to the victim and supplied to the victim once.” On February 20, 2019, the Defendant agreed to import and supply the cash 7,000,000 won to the victim “on the face of 7,770,000,000 won in cash,” and “on March 8, 2019, the victim would immediately supply the victim with cash 4,50,000 won to the victim within 2-3 weeks.”
However, in fact, the Defendant borrowed the name of another person in bad credit and operated an enterprise, and the Defendant did not intend to supply goods within the agreed period because it was in a situation in which the Defendant was liable for personal burden, such as having received money from other customers and not supplying goods. Thus, even if receiving money from the victim, the Defendant did not have any intent or ability to supply goods within the agreed period.
As above, the Defendant, by deceiving the victim, received KRW 12.2 million, including KRW 4 million from the victim on February 20, 2019, KRW 3.7 million on February 21, 2019, and KRW 12.2 million on March 8, 2019, from the victim to the J bank account under the I’s name.
[2078] On March 16, 2019, the Defendant made a false statement to the effect that “L” office located in Daegu-gu K, Daegu-gu, would seek part of the automobile exhaust system” located in the Internet N “O” camera, and that “if you send KRW 3.5 million to the victim, you will send the part of the automobile exhaust system to the victim at 3.5 million unit after 3 weeks.”
However, the defendant is true.